Dominador Aytona vs Andres V. Castillo

Dominador Aytona vs Andres V. CastilloGR No. L - 19313Facts:13Pres. Diosdado Macapagal was proclaimed elected by the Congress29Pres. Carlos P. Garcia appointed Dominador R. Aytona as ad interim Governor of the Central Bank and 349 more appointees30Pres. Macapagal assumed office31Pres. Macapagal issued Administrative Order No. 2 recalling, withdrawing and cancelling all ad interim appointment made by Pres. Garcia after Dec. 13, 19611Pres. Macapagal appointed Andres V. Castillo as ad interim Governor of the Central Bank2Both Aytona and Castillo exercised the power of their office3Aytona was definitely prevented from holding office in the Central BankDecember 196113

President Diosdado Macapagal was proclaimed elected by the CongressDecember 196129

President Carlos P. Garcia submitted three (3) communications to the Commission on Appointments listing 350 midnight or last minute appointmentsDecember 196129

President Carlos P. Garcia appointed Dominador Aytona as ad interim Governor of the Central BankDominador Aytona took oath as the Governor of the Central Bank

December 196130President Diosdado Macapagal assumed officeDecember 196131Pres. Macapagal issued Administrative Order No. 2 recalling, withdrawing and cancelling all ad interim appointment made by Pres. Garcia after Dec. 13, 1961

January 19621Pres. Macapagal appointed Andres V. Castillo as ad interim Governor of the Central BankAndres V. Castillo immediately qualified as Governor of CB

Both appointed, Dominador R. Aytona and Andres V. Castillo exercised the powers of their officeJanuary 19622

Aytona was prevented from holding office the following day and thus instituted a quo warranto proceeding, challenging Castillos right to exercise the powers of the Governor of the Central BankJanuary 19623

I 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appointment and qualification of Castillo was void, because the position was then occupied by me!Your appointment had been revoked by Administrative Order No. 2 of Macapagal!

Issue:Whether or not the new President, President Diosdado Macapagal, had the power to issue the order of cancellation of the ad interim appointments made by the past President, even after the appointees had already qualified.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. Garcias 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.HELD:

Atty. Leo S. GironLegal Logic and TechniqueProfessorGroup 1

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