DOMINADOR R. AYTONA, petitioner, vs.

ANDRES V. CASTILLO, ET AL., respondents.

4 SCRA 1 (G.R. No. L-19313 January 19, 1962)

Facts

1. On December 29, 1961, Dominador R. Aytona was appointed and took oath as ad
interim Governor of the Central Bank. It was likewise noted that about three hundred
fifty (350) other appointments was submitted by President Garcia on the same day.

2. On December 31, 1961, President-elect Diosdado Macapagal issued Administrative

Order No. 2 recalling, withdrawing, and cancelling all ad interim appointment made by
President Garcia after December 13, 1961(date when he, Macapagal, had been
proclaimed elected by the Congress). On January 1, 1962, Andres V. Castillo was then
appointed as ad interim Governor of the Central Bank, and the latter qualified
immediately. On January 2, 1962, both appointed exercised the powers of their office,
although Castillo informed Aytona of his title thereto; and some unpleasantness
developed in the premises of the Central Bank. However, the next day and thereafter,
Aytona was definitely prevented from holding office in the Central Bank.

3. Aytona then instituted a quo warranto challenging Castillo’s right to exercise the
powers of Governor of the Central Bank.

Issue: Whether the new President had power to issue the order of cancellation of the
ad interim appointments made by the past President, even after the appointees had
already qualified.

Ruling:

Yes. The issuance of 350 appointments in one night and planned induction of almost all
of them a few hours before the inauguration of the new President may, with some
reason, be regarded by the latter as an abuse Presidential prerogatives, the steps taken
being apparently a mere partisan effort to fill all vacant positions irrespective of fitness
and other conditions, and thereby deprive the new administration of an opportunity to
make the corresponding appointments.

It is hard to believe that in signing 350 appointments in one night, President Garcia
exercised such “double care” which was required and expected of him; and therefore,
there seems to be force to the contention that these appointments fall beyond the intent
and spirit of the constitutional provision granting to the Executive authority to issue ad
interim appointments.