January 19, 1962
4SCRA 1
Ponente: CJ
Bengzon
Facts: December 19, 1961, Aytona was appointed as ad
interim Governor of Central Bank and took oath and office on the same date. Noon
of December 30, 1961 President elect D. Macapagal assumed office and
subsequently on December 31, 1961 issued Order No. 2, cancelling all ad interim
appointments made by the previous Chief of State. On the 1st day of
January 1962, Castillo was appointed by the incumbent president as Governor of
Central Bank therefor replacing the ad interim appointee Aytona, and the former
qualified immediately. Aytona instituted a qou warranto proceeding challenging
the right of Castillo to exercise his right to the said post.
Issue: Whether or not the new president has the power to
cancel all ad interim appointments made by the previous president after they
have all qualified?
Held: To quote “We are informed, it is
Malacañan's practice — which we find to be logical — to submit ad
interim appointments only when the Commission on Appointments is in
session. One good reason for the practice is that only those who have accepted
the appointment and qualified are submitted for confirmation. Nevertheless,
this time, Malacañan submitted its appointments on the same day they
were issued; and the Commission was not then in session; obviously because it
foresaw the possibility that the incoming President would refuse to submit
later the appointees of his predecessor. As a result, as already adverted to,
some persons whose names were submitted for confirmation had not qualified nor
accepted their appointments.”
No comments:
Post a Comment