4 SCRA 1 G.R. No. L-19313 January 19 1962 [Midnight Appointment]
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.
ISSUE:
Whether or not the 350 midnight appointments of
former President Garcia were valid.
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.
