G.R. No. L-20618 May 25, 1965
HERMENEGILDO R. ROSALES, petitioner, vs. FLAVIANO YENKO, respondent.

FACTS

On July 26, 1958, petitioner Hermenegildo R. Rosales was appointed ad interim Chairman of the Board of Examiners for Chemists by President Carlos P. Garcia for a term expiring July 15, 1961. This appointment was confirmed by the Commission on Appointments, and Rosales duly qualified and served. On July 16, 1961, he was reappointed as Acting Chairman. On November 6, 1961, President Garcia signed another ad interim appointment for Rosales to the same office for a term expiring July 15, 1964. However, the original of this ad interim appointment was never released or delivered to Rosales and remained in the Office of the President. A copy was transmitted to the Commission on Appointments on December 26, 1961, and the Commission confirmed it on May 17, 1962. Subsequently, on July 31, 1962, the Commissioner of Civil Service informed Rosales that his ad interim appointment had been recalled, withdrawn, and declared without effect pursuant to Administrative Order No. 2 dated December 31, 1961. On November 5, 1962, President Diosdado Macapagal appointed respondent Flaviano Yenko as Acting Chairman of the same Board, and Yenko assumed office. Rosales filed a petition seeking to declare Yenko’s appointment void, to uphold his own appointment as valid and subsisting, and to enjoin Yenko from performing the duties of the office.

ISSUE

Whether Rosales’ ad interim appointment dated November 6, 1961, became complete and valid upon its confirmation by the Commission on Appointments, despite the fact that the original was never released to him and he did not formally accept or qualify for the position.

RULING

The Supreme Court dismissed the petition. The Court held that Rosales failed to allege and prove that his ad interim appointment was complete. For an ad interim appointment to be valid, it must not only be signed but also released to the appointee, who must then accept it and qualify for the position by taking the oath of office. Here, the original appointment remained in the Office of the President and was never delivered to Rosales. His allegations—that he was notified by telephone and informed by President Garcia that the appointment had been signed—were insufficient to establish release, acceptance, or qualification. Consequently, there was no complete ad interim appointment that could be validly transmitted to and confirmed by the Commission on Appointments. Since Rosales did not rightfully hold the office, his petition was dismissed without costs.