G.R. No. L-21776 February
28, 1964 [Ad interim appointments]
FACTS:
Nicanor Jorge attained the position of Acting Director in
the Bureau of Lands through regular and successive promotions. He was appointed
by President Carlos Garcia ad interim Director of Lands in December 13, 1961,
he took his oath of office on the 23rd, his appointment was transmitted to the
CoA in 26th. In May 1962, CoA confirmed
the said ad interim appointment.
President Macapagal issued Administrative Order No. 2
revoking ad interim appointments extended and released by former Pres. Garcia
after the joint session of Congress that ended on December 13 1961.
The Secretary of
Agriculture and Natural Resources of Macapagal administration, informed Jorge
that pursuant to a letter from the Asst. Executive Sec., served on Jorge that
his appointment was among those revoked by Admin Order No. 2, and that his
position of Director of Lands was considered vacant. Jovencio Mayor had been
designated by the President to be Acting Director of Lands. Jorge instituted a
petition for mandamus and quo warranto, claiming that he is the legally
appointed Director of Lands.
ISSUE:
Whether or not Administrative Order No. 2 of President
Macapagal operated as valid revocation of Jorge's ad interim appointment.
RULING:
No. 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.
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 CoA and thereafter, the office never became vacant.
