PHILIPPINE SUPREME COURT JURISPRUDENCE

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EN BANC

G.R. No. L-19313     January 19, 1962

DOMINADOR R. AYTONA, Petitioner, vs. ANDRES V. CASTILLO, ET AL., Respondents.

R E S O L U T I O N.

BENGZON, C.J.: chanrobles virtual law library

Without prejudice to the subsequent promulgation of more extended opinion, the Court adopted today, the following resolutions: .chanroblesvirtualawlibrary chanrobles virtual law library

On December 29, 1961, then President Carlos P. Garcia appointed Dominador R. Aytona as ad interim Governor of the Central Bank. On the same day, the latter took the corresponding oath.chanroblesvirtualawlibrary chanrobles virtual law library

On December 30, 1961, at noon, President-elect Diosdado Macapagal assumed office; and on December 31, 1961, he 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, President Macapagal appointed Andres V. Castillo as ad interim Governor of the Central Bank, and the latter qualified immediately.chanroblesvirtualawlibrary chanrobles virtual law library

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.chanroblesvirtualawlibrary chanrobles virtual law library

So, he instituted this proceeding which is practically, a quo warranto, challenging Castillo's right to exercise the powers of Governor of the Central Bank. Aytona claims he was 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 Castillo replies that the appointment of Aytona had been revoked by Administrative Order No. 2 of Macapagal; and so, the real issue is whether the new President had power to issue the order of cancellation of the ad interim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.chanroblesvirtualawlibrary chanrobles virtual law library

The record shows that President Garcia sent to the Commission on Appointments - which was not then in session - a communication dated December 29, 1961, submitting "for confirmation" ad interim appointments of assistant director of lands, councilors, mayors, members of the provincial boards, fiscals, justices of the peace, officers of the army, etc.; and the name of Dominador R. Aytona as Governor of the Central Bank occupies number 45, between a justice of the peace and a colonel of the Armed Forces.chanroblesvirtualawlibrary chanrobles virtual law library

Another communication of President Garcia bearing the same date, submitted a list of ad interim appointments of Foreign Affairs officers, judges, fiscals, chiefs of police, justices of the peace, mayors, councilors, etc. number 63 of which was that of Dominador R. Aytona for Governor of the Philippines in the Boards of International Monetary Fund, International Bank for Reconstruction and Development, etc.chanroblesvirtualawlibrary chanrobles virtual law library

A third communication likewise dated December 29, 1961, addressed to the Commission on Appointments submitted for confirmation 124 names of persons appointed as judges of first instance, members of provincial boards, and boards of government corporations, fiscals, justice of the peace, even one associate justice of this Court occupying position No. 8 and two associate justices of the Court of Appeals (9 and 10) between an assistant of the Solicitor-General's Office, and the chairman of the board of tax appeals of Pasay City, who in turn are followed by judges of first instance, and inserted between the latter is the name of another associate justice of the Court of Appeals.chanroblesvirtualawlibrary chanrobles virtual law library

There were other appointments thus submitted by President Garcia on that date, December 29, 1961. All in all, about three hundred fifty (350) "midnight" or "last minute" appointments.chanroblesvirtualawlibrary chanrobles virtual law library

In revoking the appointments, President Macapagal is said to have acted for these and other reasons: (1) the outgoing President should have refrained from filling vacancies to give the new President opportunity to consider names in the light of his new policies, which were approved by the electorate in the last elections; (2) these scandalously hurried appointments in mass do not fall within the intent and spirit of the constitutional provision authorizing the issuance of ad interim appointments; (3) the appointments were irregular, immoral and unjust, because they were issued only upon the condition that the appointee would immediately qualify obviously to prevent a recall or revocation by the incoming President, with the result that those deserving of promotion or appointment who preferred to be named by the new President declined and were by-passed; and (4) the abnormal conditions surrounding the appointment and qualifications evinced a desire on the part of the outgoing President merely subvert the policies of the incoming administration.chanroblesvirtualawlibrary chanrobles virtual law library

It is admitted that many of the persons mentioned in the communication to the Commission on Appointments dated December 29, 1961, did not qualify. There is evidence that in the night of December 29, there was a scramble in Malaca�an of candidates for positions trying to get their written appointments or having such appointments changed to more convenient places, after some last minute bargaining. There was unusual hurry in the issuance of the appointments - which were not coursed through the Department Heads - and in the confusion, a woman appointed judge was designated "Mr." and a man was designated "Madam." One appointee who got his appointment and was required to qualify, resorted to the rush of asking permission to swear before a relative official, and then never qualified.chanroblesvirtualawlibrary chanrobles virtual law library

We are informed, it is Malaca�an's practice - which we find to be logical - to submit ad interim appointments only when the Commission on Appointments is in session. One good reason for the practice is that only those who have accepted the appointment and qualified are submitted for confirmation. Nevertheless, this time, Malaca�an submitted its appointments on the same day they were issued; and the Commission was not then in session; obviously because it foresaw the possibility that the incoming President would refuse to submit later the appointees of his predecessor. As a result, as already adverted to, some persons whose names were submitted for confirmation had not qualified nor accepted their appointments.chanroblesvirtualawlibrary chanrobles virtual law library

Because of the haste and irregularities, some judges of first instance qualified for districts wherein no vacancies existed, because the incumbents had not qualified for other districts to which they had been supposedly transferred or promoted.chanroblesvirtualawlibrary chanrobles virtual law library

Referring specifically to judges who had not qualified, the course of conduct adopted by Former Chief Justice Moran is cited. Being ambassador in Spain and desiring to return to this Court even as associate justice, Moran was tendered an ad interim appointment thereto by President Quirino, after the latter had lost the election to President Magsaysay, and before leaving the Presidency. Said Ambassador declined to qualify being of the opinion that the matter should be left to the incoming newly-elected President.chanroblesvirtualawlibrary chanrobles virtual law library

Of course, nobody will assert that President Garcia ceased to be such earlier than at noon of December 30, 1961. But it is common sense to believe that after the proclamation of the election of President Macapagal, his 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. The time for debate had passed; the electorate had spoken. 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 positions¹ irrespective of fitness and other conditions, and thereby deprive the new administration of an opportunity to make the corresponding appointments.chanroblesvirtualawlibrary chanrobles virtual law library

Normally, when the President makes appointments the consent of the Commission on Appointments, he has benefit of their advice. When he makes ad interim appointments, he exercises a special prerogative and is bound to be prudent to insure approval of his selection either previous consultation with the members of the Commission or by thereafter explaining to them the reason such selection. Where, however, as in this case, the Commission on Appointments that will consider the appointees is different from that existing at the time of the appointment² and where the names are to be submitted by successor, who may not wholly approve of the selections, the President should be doubly careful in extending such appointments. Now, 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.chanroblesvirtualawlibrary chanrobles virtual law library

Under the circumstances above described, what with the separation of powers, this Court resolves that it must decline to disregard the Presidential Administrative Order No. 2, cancelling such "midnight" or "last-minute" appointments.chanroblesvirtualawlibrary chanrobles virtual law library

Of course, the Court is aware of many precedents to the effect that once an appointment has been issued, it cannot be reconsidered, specially where the appointee has qualified. But none of them refer to mass ad interim appointments (three-hundred and fifty), issued in the last hours of an outgoing Chief Executive, in a setting similar to that outlined herein. On the other hand, the authorities admit of exceptional circumstances justifying revocation³ and if any circumstances justify revocation, those described herein should fit the exception.chanroblesvirtualawlibrary chanrobles virtual law library

Incidentally, it should be stated that the underlying reason for denying the power to revoke after the appointee has qualified is the latter's equitable rights. Yet it is doubtful if such equity might be successfully set up in the present situation, considering the rush conditional appointments, hurried maneuvers and other happenings detracting from that degree of good faith, morality and propriety which form the basic foundation of claims to equitable relief. The appointees, it might be argued, wittingly or unwittingly cooperated with the stratagem to beat the deadline, whatever the resultant consequences to the dignity and efficiency of the public service. Needless to say, there are instances wherein not only strict legality, but also fairness, justice and righteousness should be taken into account.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, the Court exercising its judgment and discretion in the matter, hereby dismiss the action, without costs.