G.R. No. L-21117 November 29, 1963
NAPOLEON F. RONQUILLO, petitioner, vs. RAFAEL GALANO, respondent.

FACTS

Petitioner Napoleon F. Ronquillo filed an original petition for quo warranto, asserting he is the rightful Justice of the Peace of Maripipi, Leyte. He alleged his ad interim appointment dated November 6, 1961, was confirmed by the Commission on Appointments on April 27, 1962, and he assumed office on January 8, 1962. He contended that respondent Rafael Galano’s subsequent ad interim appointment on October 11, 1962, and oath-taking on January 18, 1963, were void because the position was not vacant, as Ronquillo had neither resigned nor been removed.
Respondent Rafael Galano countered that Ronquillo’s appointment was null and void ab initio. He argued the position was not vacant on November 6, 1961, as the incumbent, Wenceslao M. Polo, remained in office until December 29, 1961, when he assumed a new post. Galano further asserted that Ronquillo’s ad interim appointment, though dated November 6, was only released on December 29, 1961, and was effectively withdrawn by President Macapagal’s Administrative Order No. 2 on January 1, 1962, pursuant to the doctrine established in Aytona vs. Castillo.

ISSUE

The core issue is whether Napoleon F. Ronquillo’s appointment as Justice of the Peace of Maripipi, Leyte, was valid and effective, thereby rendering Rafael Galano’s subsequent appointment void for lack of a vacancy.

RULING

The Supreme Court dismissed the petition, ruling in favor of respondent Galano. The Court found Ronquillo’s appointment invalid under the principles established in Aytona vs. Castillo. The legal logic hinges on the absence of a valid vacancy at the time of Ronquillo’s appointment. Although his appointment was dated November 6, 1961, it was not released until December 29, 1961. Crucially, the incumbent, Wenceslao M. Polo, certified he was still the Justice of the Peace and had not been released from his property responsibilities on that very date. Therefore, the office was not legally vacant when Ronquillo’s appointment was processed and when he took his oath on December 29.
Furthermore, the Court noted Ronquillo’s appointment was one of the “midnight appointments” submitted to the Commission on Appointments on December 29, 1961, which fell within the ambit of President Macapagal’s Administrative Order No. 2. This order, upheld in Aytona, lawfully withdrew such last-minute ad interim appointments made by the outgoing administration. Consequently, Ronquillo’s appointment, if not initially invalid due to the lack of vacancy, was effectively withdrawn on January 2, 1962. Since Ronquillo never held a valid title to the office, no vacancy existed for Galano to fill. Thus, Galano’s appointment was proper, and Ronquillo’s petition failed.