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Aytona vs Castillo


• December 29, 1961, Outgoing President Carlos Garcia appointed petitioner (Dominador
Aytona) as ad interim Governor of the Central Bank. Aytona took the corresponding

• On the same day, at noon, President-elect Diosdado Macapagal assumed office; and on
the next day, he issued administrative order no. 2 recalling, withdrawing, and
cancelling all ad interim appointments made by former President Garcia. There were all
in all, 350 midnight or last minute appointments made by the former President Garcia.

• On January 1, President Macapagal appointed Andres Castillo (respondent herein) as ad

interim Governor of the Central Bank.

• At first, both exercised the powers of their office; however, later on Castillo was
prevented from holding the office in the Central Bank.

• He, petitioner, instituted a case (quo warranto) against respondent, contending that he
was validly appointed, thus the subsequent appointment to Castillo by the new
President, should be considered void.

• Castillo replies that the appointment of Aytona had been revoked by administrative
order no. 2.


WoN the 350 midnight appointments of former President Garcia were valid.


No it is not. Such appointments must be decline.


After the proclamation of then Pres. Macapagal, precedent President Garcia administration
was no more than a “care-taker” administration. He was duty bound to prepare for the orderly
transfer of authority to the incoming President, and he should not do acts which ought to
know, would embarrass or obstruct the policies of his successor.

An ad interim appointment is exercised by the president as he’s special prerogative and is

bound to be prudent to insure approval of his selection either previous consultation with the
members of the Commission on Appointments or by thereafter explaining to them the reason
such selection. It is expected that the President should exercise double care in extending such
appointments. In the case at bar, it is hard to believe that in signing 350 appointments in one
night, President Garcia exercised double care; and therefore, such appointments fall beyond
the intent and spirit of the constitutional provision granting the Executive authority to issue
ad interim appointments.