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Aytona v. Castillo 4 SCRA 1

1) Dominador Aytona was appointed interim Governor of the Central Bank by outgoing President Garcia. However, President-elect Macapagal cancelled all interim appointments made after December 13th, including Aytona's. 2) Macapagal then appointed Andres Castillo as interim Governor. Both Aytona and Castillo tried to exercise the powers of the office. 3) Aytona challenged Castillo's appointment in court. The court ruled that Macapagal had the power to cancel the interim appointments, as Garcia's mass appointment of 350 positions right before leaving office could be seen as an abuse of presidential power.

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141 views1 page

Aytona v. Castillo 4 SCRA 1

1) Dominador Aytona was appointed interim Governor of the Central Bank by outgoing President Garcia. However, President-elect Macapagal cancelled all interim appointments made after December 13th, including Aytona's. 2) Macapagal then appointed Andres Castillo as interim Governor. Both Aytona and Castillo tried to exercise the powers of the office. 3) Aytona challenged Castillo's appointment in court. The court ruled that Macapagal had the power to cancel the interim appointments, as Garcia's mass appointment of 350 positions right before leaving office could be seen as an abuse of presidential power.

Uploaded by

Maan Laspinas
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DOMINADOR R. AYTONA, petitioner, vs.

ANDRES V. CASTILLO, ET AL., respondents.


4 SCRA 1 (G.R. No. L-19313 January 19, 1962)

Facts

1. On December 29, 1961, Dominador R. Aytona was appointed and took oath as ad
interim Governor of the Central Bank. It was likewise noted that about three hundred
fifty (350) other appointments was submitted by President Garcia on the same day.

2. On December 31, 1961, President-elect Diosdado Macapagal issued Administrative


Order No. 2 recalling, withdrawing, and cancelling all ad interim appointment made by
President Garcia after December 13, 1961(date when he, Macapagal, had been
proclaimed elected by the Congress). On January 1, 1962, Andres V. Castillo was then
appointed as ad interim Governor of the Central Bank, and the latter qualified
immediately. On January 2, 1962, both appointed exercised the powers of their office,
although Castillo informed Aytona of his title thereto; and some unpleasantness
developed in the premises of the Central Bank. However, the next day and thereafter,
Aytona was definitely prevented from holding office in the Central Bank.

3. Aytona then instituted a quo warranto challenging Castillo’s right to exercise the
powers of Governor of the Central Bank.

Issue: Whether the new President had power to issue the order of cancellation of the
ad interim appointments made by the past President, even after the appointees had
already qualified.

Ruling:

Yes. The issuance of 350 appointments in one night and planned induction of almost all
of them a few hours before the inauguration of the new President may, with some
reason, be regarded by the latter as an abuse Presidential prerogatives, the steps taken
being apparently a mere partisan effort to fill all vacant positions irrespective of fitness
and other conditions, and thereby deprive the new administration of an opportunity to
make the corresponding appointments.

It is hard to believe that in signing 350 appointments in one night, President Garcia
exercised such “double care” which was required and expected of him; and therefore,
there seems to be force to the contention that these appointments fall beyond the intent
and spirit of the constitutional provision granting to the Executive authority to issue ad
interim appointments.

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