20.

Aytona vs Castillo

Facts: December 29, 1961, Outgoing President Carlos Garcia appointed petitioner (Dominador Aytona) as ad interim Governor of the Central Bank. Aytona took the corresponding oath. 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 Castillo replies that the appointment of Aytona had been revoked by administrative order no. 2.

Issue:

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

Held: No it is not. Such appointments must be decline. Ratio: 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 hes 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.