Dominador Aytona vs Andres

V. Castillo
GR No. L - 19313

Facts:
1
3

Pres. Diosdado Macapagal was proclaimed

elected by the Congress

2
9

Pres. Carlos P. Garcia appointed

Dominador R. Aytona as ad interim
Governor of the Central Bank and 349
more appointees

3
0

Pres. Macapagal assumed office

3
1

Pres. Macapagal issued Administrative

Order No. 2 recalling, withdrawing and
cancelling all ad interim appointment
made by Pres. Garcia after Dec. 13, 1961

Pres. Macapagal appointed Andres V.

mber

13

President Diosdado
Macapagal was proclaimed
elected by the Congress

mber

29

President Carlos P. Garcia

submitted three (3)
communications to the
Commission on Appointments
listing 350 midnight or last

mber

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

29

Dominador Aytona took

oath as the Governor of the

mber

30

President Diosdado
Macapagal assumed office

mber

31

Pres. Macapagal issued

Administrative Order No. 2
recalling, withdrawing and
cancelling all ad interim
appointment made by Pres.

uary
2

Pres. Macapagal
appointed Andres
V. Castillo as ad
interim Governor
of the Central
Bank

Andres V. Castillo
immediately
qualified as

uary
2

Both appointed, Dominador R.

Aytona and Andres V. Castillo
exercised the powers of their
office

uary
2

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

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.

HELD:
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

Atty. Leo S.
Giron
Legal Logic and Technique

Group 1
Baconawa, Dewmabelle
Laniba, Louella
Olazo, Ma. Angeline
Salvatierra, Daisy