JORGE V.

MAYOR,
GR No. L-21776, 28 February 1964, En Banc, Reyes, J. B. L.

Digest By: Jewel Vernesse Dane T. Deocampo, EH 202

Principle in sum:

“Petitioner Jorge's ad interim appointment is dated December 13, 1961, but

there is no evidence on record that it was made and released after the joint
session of Congress that ended on the same day. It is a matter of
contemporary history, of which this Court may take judicial cognizance,
that the session ended late in the night of December 13, 1961, and,
therefore, after regular office hours. In the absence of competent evidence to
the contrary, it is to be presumed that the appointment of Jorge was made
before the close of office hours, that being the regular course of business.”

FACTS:

1. Nicanor G. Jorge is a career official in the Bureau of Lands and

started working there as a Junior Computer in the course of 38 years
service, from February 1, 1922 to October 31, 1960.

2. June 17, 1961 – He was designated Acting Director of the same

bureau.

3. Jorge was appointed by President Carlos Garcia ad interim Director

on December 13, 1961 and he took his oath of office on the 23 rd
December of 1961.

4. This appointment was on December 26, 1961, transmitted to the

Commission on Appointments, and on May 14, 1962, petitioner's ad
interim appointment as Director of Lands was confirmed by the
Commission.

5. Petitioner received a letter from the Secretary of Agriculture and

Natural Resources of the Macapagal Administration, informing him
that pursuant to a letter from the Assistant Executive Secretary Bernal,
served on petitioner on November 13, his appointment was among
those revoked by Administrative Order No. 2 of President Diosdado
Macapagal; that the position of Director of Lands was considered
vacant; and that petitioner Jorge was designated Acting Director of
Lands, effective November 13, 1962.

6. Respondent Mayor has been designated by the President to be Acting

Director of Lands.
 7. Petitioner Jorge protested in a letter to the Secretary of Agriculture
and issued office circulars claiming to be the legally appointed
Director of Lands. He then instituted the present proceedings.

ISSUE/S:

A. Whether Administrative Order No. 2 of President Macapagal operated

as a valid revocation of petitioner's ad interim appointment.

HELD:

A. No. Administrative Order No. 2 of President Macapagal did not

operate as a valid revocation of petitioner’s ad interim
appointment.

1. The pertinent portion of the official text of said Administrative Order,

as published in the Official Gazette (Vol. 58, page 3, No. 1 is as
follows:

“WHEREAS, ad interim appointments were extended and

released by President Carlos P. Garcia after the joint session of
Congress that ended on December 13, 1961;

NOW, THEREFORE, I DIOSDADO MACAPAGAL,

President of the Philippines, pursuant to the authority vested in me by
law, do hereby withdraw and recall and declare without any further
effect, all the said appointments and all communications relative
thereto, including those to the defunct Commission on
Appointments.”

2. Petitioner Jorge's ad interim appointment is dated December 13, 1961,

but there is no evidence on record that it was made and released after
the joint session of Congress that ended on the same day. It is a matter
of contemporary history, of which this Court may take judicial
cognizance, that the session ended late in the night of December 13,
1961, and, therefore, after regular office hours. In the absence of
competent evidence to the contrary, it is to be presumed that the
appointment of Jorge was made before the close of office hours, that
being the regular course of business.

3. The appointment, therefore, was not included in, nor intended to be

covered by, Administrative Order No. 2, and the same stands
unrevoked. Consequently, it was validly confirmed by the
Commission on Appointments, and thereafter, the office never
became vacant.

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