Aytona v.

Castillo
G.R. No. L-19313
January 9, 1962
DOMINADOR
R.
AYTONA
petitioners
responden ANDRES V. CASTILLO, ET AL.

Bengson, CJ

ts
summary Pres. Garcia appointed 350 people to office on December 29, one of which is

Petitioner. On December 31, the new President assumed office and issued an
AO withdrawing the ad interim appointments made on December 29. The
question posed before the court was WON the new President may cancel the
appointments made by the previous President while he was still in position. The
court upheld the AO and explained that the appointments here was made in
haste. A lot of appointees were not qualified. This was a move that tried to
deprive the new administration an opportunity to make the corresponding
appointments. Fairness, justice and righteousness should be taken into
account.

facts of the case

12/29/1961: Pres. Carlos P. Garcia appointed Aytona as ad interim Governor of the Central
Bank. Aytona took his oath on the same day.
12/30/1961: Pres. Diosdado Macapagal assumed office.
12/31/1961: 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).
01/01/1962: Pres. Macapagal appointed Castillo as ad interim Governor of the Central Bank,
and the latter qualified immediately.
01/02/1962: Bothe appointees tried to exercise the powers of their office but Aytona was
prevented from holding office at Central Bank.
Aytona: validly appointed, had qualified for the post, and therefore, the subsequent appointment
and qualification of Castillo was void, because the position was then occupied by him.
Castillo: the appointment of Aytona had been revoked by Administrative Order No. 2 of
Macapagal.

issue

WON 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? YES.

ratio

All in all, there were around 350 midnight appointments, of Foreign Affairs officers, judges,
fiscals, chiefs of police, justices of the peace, mayors, councilors, etc. It is admitted that most of
the appointees made did not qualify. The appointments were made with haste, they were not
coursed through department heads. In the confusion a woman appointed judge was designated
as Mr. and a mand Madame.
The usual practice of Malacaang was to submit ad interim appointments when the
Commission on Appointment was in session. One good reason for the practice is that only those
who have accepted the appointment and qualified are submitted for confirmation. But in this
case, appointments were submitted on the same day they were issued.

After the proclamation of the election of Pres. Macapagal, Pres. Garcia was no more than a
"care-taker" administration. He was duty bound to prepare for the orderly transfer of
authority the incoming President, and he should not do acts that would embarrass or obstruct the
policies of his successor. It was not for him to use powers as incumbent President to continue the
political warfare that had ended or to avail himself of presidential prerogatives to serve partisan
purposes. The filling up vacancies in important positions, if few, and so spaced to
afford some assurance of deliberate action and careful consideration of the need for
the appointment and the appointee's qualifications may undoubtedly be permitted.
But 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.
Concurring, Padilla
Since the Constitution states that: "but such appointments shall be effective only until
disapproval by the Commission on Appointments or until the next adjournment of the
Congress." And since Congress no longer exists and can no longer 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.
Concurring, Bautista
Ad interim appointments can only be made during recess. Recess means the interval
between a session of Congress that has adjourned and another of the same Congress. It
does not refer to the interval between the session of one Congress and that of another. In
that case the interval is not referred to as a "recess" but an adjournment sine die.
Since the appointments in question were made after the 4 th Congress has adjourned sine
die and ceased to function on December 30, 1961, they cannot partake of the nature of ad
interim appointments within the meaning of the Constitution.
Appointment must be submitted to the Commission on Appointments of the Congress that
has created it. It cannot be submitted to the Commission on Appointments of a different
Congress. Since the appointments in question were submitted to the Commission on
Appointments which ceased to function on December 30, 1961, they lapsed upon the
cessation of said Commission. Consequently, the new Chief Executive can recall them.
Dissent, Concepcion
An ad interim appointment, made during a recess of Congress, is complete and irrevocable
upon the performance of the last act required by law from the appointing power, even
without previous notice to the appointee, or acceptance by him, or without subsequent
action of the legislative organ that may terminate its effectivity.
We are, also, in effect, restraining the Commission on Appointments an organ of a
coordinate, co-equal branch of the Government from acting on the questioned
appointments.
This case is a political question executive discretion and its motives, which we cannot
inquire into.
Dissent, Barrera
Once an appointment has been extended by the Chief Executive who, as is provided in our
Constitution, has the sole power of appointment subject only to the consent of the
Commission on Appointments, and the appointee has accepted the appointment, the
2

same becomes complete and the appointing power can not withdraw it except in cases
where the tenure of the appointee is at the Chief Executive's pleasure or upon grounds
justifying removal and after due process.
The Constitution itself to the effect that "no officer or employee in the Civil Service shall be
removed or suspended except for cause as provided by law."
If, therefore, the recall or the withdrawal of the appointment of Aytona was not authorized
by law, then his assumption of the functions of his office on January 2, 1962 was clearly
within his legal right and the interference of Castillo, aggravated by the assistance or at
least the presence of members of the Armed Forces, was clearly unlawful.
What was the remedy for the 350 appointments made by the previous President? this is
not for the Judiciary to fix but the Commission of Appointment.