Aytona v.

Castillo

FACTS

A day before President-elect Diosdado Macapagal assumed office on December 30, 1961,
former President Carlos P. Garcia appointed 350 ad interim appointees. One of whom was
Dominador Aytona, who was appointed as the Governor of the Central Bank.

However, on December 31, 1961, Macapagal issued Administrative Order No. 2 recalling,
withdrawing, and cancelling all ad interim appointments made by Garcia after December 13,
1961 (the date when he was proclaimed elected by the Congress). On January 1, 1962, Andres
Castillo was appointed by Macapagal as the Governor of the Central Bank.

Aytona was prevented from holding office at the Central Bank. Hence, a petition to disregard the
Administrative Order No. 2 was filed in court.

ISSUE

Whether or not Administrative Order No. 2 which cancels the midnight or last-minute
appointment was valid?

RULING

Yes, Administrative Order No. 2 was valid.

The administration of Garcia was no more than a caretaker administration after the proclamation
of the election of the Macapagal on December 13, 1961. However, filling up of vacancies by
Garcia in important positions, if few, with assurance of deliberate action and careful
consideration of the need for the appointment may be permitted.

In this case, the issuance of 350 appointments in one night was regarded as an abuse of
Presidential prerogative where the exercise of double care, which was required and expected of
Garcia, was hard to believe.

Therefore, there is no reason to disregard Administrative Order No. 2 which cancels midnight or
last-minute appointments.