On December 29, President Garcia sent to the COA, which was not then in session, a communication,

submitting “for confirmation” 350 ad interim “midnight” of “last-minute” appointments. Among the
appointees is herein petitioner Aytona, which was appointed ad interim governor of the central bank
and, on the same day, took his corresponding oath.

On December 31, President-elect Diosdado Macapagal assumed office and issued Admin. Order 2
recalling, withdrawing, and cancelling all ad interim appointments made by President Garcia after
December 13, 1961.

Thereafter, President-elect Macapagal also appointed Andres Castillo on the same position and
immediately qualified. In revoking the appointments, President-elect Macapagal is said to have acted
for, among others, these hurried appointments in mass do not fall within the intent and spirit of the
constitutional provision authorizing the issuance of ad interim appointment.

ISSUE: W/N 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: the court ruled that 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.

The court further ruled that it is Malacanang’s practice to submit ad interim appointments only when
the COA is in session, only those who have accepted the appointment and are qualified that are
submitted for confirmation. However, in this case the appointments were submitted on the same day
they were issued and COA was not in session. As a result, some persons that were submitted had not
qualified nor accepted their appointments.

Furthermore, president garcia’s administration was no more than a care-taker administration upon the
proclamation of the president-elect Macapagal. He was duty bound to prepare the orderly transfer of
authority to the incoming president. It was not for him to use his powers to continue political warfare or
to avail himself of presidential prerogatives to serve partisan purposes.

President garcia’s issuance of 350 appointments in one night and the planned induction of almost all of
them a few hours before the inauguration of the new president may be regarded as an abuse of
presidential prerogatives, depriving the new administration an opportunity to make corresponding
appointments.

Normally, when the president makes appointments with the consent of the COA, he has the benefit of
their advice. However, in this case, the COA is different from that existing at the time of the
appointment and who may not wholly approve of the selections, the president should be doubly careful
in extending such appointments.

The court further stated that there are many precedents that once an appointment has been issued, it
cannot be reconsidered, especially where the appointee has qualified. However, none of the
precedents refer to mass ad interim appointments issued in the last hours of an outgoing president.