Aytona vs Castillo

Facts: On 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 as ad interim Governor of the Central Bank. Aytona instituted a case (quo warranto) against Castillo, contending that he was validly appointed, thus the subsequent appointment to Castillo by the new President, should be considered void.

Dominador Aytona was one of those appointed by outgoing president Carlos Garcia during the last day of his term. Aytona was appointed as the ad interim governor of the Central Bank. When the next president, Diosdado Macapagal took his office, he issued Order No. 2 which recalled Aytona’s position and at the same time he appointed Andres Castillo as the new governor of the Central Bank. Aytona then filed a quo warranto proceeding claiming claiming that he is qualified qualified to remain as the Central Bank Bank governor and that he was validly appointed by the former president. Macapagal averred that the ex- president’s ex- president’s appointments appointments were scandalous, irregular, hurriedly done, contrary to law and the spirit of which, and it was an attempt to subvert the incoming presidency or administration. On December 29, 1961, Carlos P. Garcia, who was still President that time, made last minute appointments while the Commission on Appointments was not in session. Said last minute appointment included Dominador R. Aytona, who was appointed as ad interim Governor of Central Bank. The latter took oath on the same day. At noon on December 30, 1961, President-elect Diosdado Macapagal assumed office. He issued Administrative Order No. 2 on December 31, 1961 recalling, withdrawing and canceling all ad interim appointments made by President Garcia after December 13, 1961, which was the date when Macapagal was proclaimed President by the Congress. He then appointed Andres V. Castillo as ad interim Governor of the Central Bank and the latter qualified immediately. On January 2, 1962, both exercised the powers of their office. However, Aytona was prevented from holding office the following day and thus instituted a quo warranto proceeding, challeng ing Castillo’s right to exercise the powers of the Governor of the Central Bank. Aytona claims that he was validly appointed and had qualified for the post, therefore making Castillo’s appointment void. Castillo then contended that Aytona’s appointment had already had  already been revoked by Administrative Order No. 2 issued by President Macapagal.

Issue: Whether or not the 350 midnight appointments appointments of former President Garcia were valid. Whether or not Aytona should remain in his post.

Whether President Diosdado Macapagal had power to issue the order of cancellation of the ad interim appointments made by President Carlos P. Garcia even after the appointees had already qualified. Decision:  No. After the proclamation of the election of President Macapagal, previous President Garcia administration 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 which he ought to know, 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.

 No. Had the appointment of Aytona been done in good faith then he would have the right to continue office. Here, even though Aytona is qualified to remain in his post as he is competent enough, his appointment can nevertheless be revoked by the president. Garcia’s appointments are hurried maneuvers to subvert the upcoming administration and is set to obstruct the policies of the next president. As a general rule, once a person is qualified his appointment should not be revoked but in here it may be since his appointment was grounded on bad faith, immorality and impropriety. In public service, it is not only legality that is considered but also justice, fairness and righteousness.

Upon the ground of separation of powers, the court resolved that it must decline and refuse jurisdiction in disregarding the Presidential Administrative Order No. 2, canceling such “midnight” or “last-minute” appointments.