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DOMINADOR R. AYTONA, petitioner, 3.

the appointments were irregular, immoral and unjust, because

vs. they were issued only upon the condition that the appointee
ANDRES V. CASTILLO, ET AL., respondents. would immediately qualify obviously to prevent a recall or
revocation by the incoming President, with the result that
Facts: those deserving of promotion or appointment who preferred to
• On December 29, 1961, then President Carlos P. Garcia appointed be named by the new President declined and were by-passed;
Dominador R. Aytona as ad interim Governor of the Central Bank. and
On the same day, the latter took the corresponding oath. 4. the abnormal conditions surrounding the appointment and
• On December 30, 1961, at noon, President-elect Diosdado qualifications evinced a desire on the part of the outgoing
Macapagal assumed office; and on December 31, 1961, he issued President merely subvert the policies of the incoming
Administrative Order No. 2 recalling, withdrawing, and cancelling administration.
all ad interim appointment made by President Garcia after Issue:
December 13, 1961, (date when he, Macapagal, had been The question is whether the appointment of a person to a public office by a
proclaimed elected by the Congress). On January 1, 1962, President whose term of office was about to expire or cease is lawful or
President Macapagal appointed Andres V. Castillo as ad interim does not contravene the Constitution; or, if lawful after the appointee has
Governor of the Central Bank, and the latter qualified immediately. taken his oath, until when would such appointment be valid and effective.
• On January 2, 1962, both appointed exercised the powers of their Held:
office, although Castillo informed Aytona of his title thereto; the WHEREFORE, the Court exercising its judgment and discretion in the
next day and thereafter, Aytona was definitely prevented from matter, hereby dismiss the action, without costs.
holding office in the Central Bank.
• The "midnight appointments" made by President Garcia were
• Aytona filed a quo warranto, challenging Castillo's right to exercise extended by him under Section 10, Paragraph 4, Article VII of the
the powers of Governor of the Central Bank. Constitution which provides: "The President shall have the power
o Aytona claims he was validly appointed, had qualified for to make appointments during the recess of the Congress, but such
the post, and therefore, the subsequent appointment and appointments shall be effective only until disapproval by the
qualification of Castillo was void, because the position was Commission on Appointments or until the next adjournment of the
then occupied by him. Congress." It is clear that these appointments can only be made
o Castillo replies that the appointment of Aytona had been during the recess of Congress because they are ad interim
revoked by Administrative Order No. 2 of Macapagal; and appointments.
so, the real issue is whether the new President had power • The term "recess" has a definite legal meaning. It means the
to issue the order of cancellation of the ad interim interval between a session of Congress that has adjourned and
appointments made by the past President, even after the another of the same Congress. It does not refer to the interval
appointees had already qualified. between the session of one Congress and that of another. In that
• The record shows that President Garcia sent to the Commission on case the interval is not referred to as a "recess" but an
Appointments — which was not then in session — several adjournment sine die.
communications dated December 29, 1961, submitting for • If the ad interim appointments made by the President during the
confirmation names of appointees, one of which is herein recess of the Congress are effective only until disapproval by the
petitioner. There were other appointments thus submitted by Commission on Appointments or until the next adjournment of the
President Garcia on that date, December 29, 1961. All in all, about Congress — a limitation on the power of the President — there is a
three hundred fifty (350) "midnight" or "last minute" appointments. cogent and strong reason for holding to be the intent of the
• In revoking the appointments, President Macapagal is said to have framers of the Constitution that such appointments made by him
acted for these and other reasons: ceased to be valid and effective after the term of the Congress
1. the outgoing President should have refrained from filling existing at the time of the making of such appointments had ended
vacancies to give the new President opportunity to consider or expired. The end or expiration of the of the Congress existing at
names in the light of his new policies, which were approved by the time of the making of the ad interim appointments by the
the electorate in the last elections; President is a stronger cause or reason for the lapse or
2. these scandalously hurried appointments in mass do not fall ineffectuality of such appointments than "the next adjournment of
within the intent and spirit of the constitutional provision the Congress." Since that Congress no longer exists and hence can
authorizing the issuance of ad interim appointments; no longer convene and then "adjourn." The effectivity and validity
of the appointment of the petitioner as Governor of the Central
Bank ceased, lapsed and expired on thirtieth of December 1961.
He is no longer entitled hold the office to which he had been