G.R. No. L-20741; January 31, 1964
Socorro A. Gillera, petitioner, vs. Corazon Fernandez and Abelardo Subido, as Executive Officer of the Board of Examiners, respondents.

FACTS

On December 26, 1961, outgoing President Carlos P. Garcia extended an ad interim appointment to Socorro A. Gillera as Member of the Board of Pharmaceutical Examiners, effective December 28, 1961, for a fixed three-year term. Gillera accepted, took her oath, and immediately assumed office, preparing for and participating in the board examinations held in early January 1962. However, on December 31, 1961, she received a communication recalling her appointment pursuant to President Macapagal’s Administrative Order No. 2, which sought to withdraw “midnight appointments” made by the outgoing administration.
Subsequently, President Macapagal issued Gillera two successive designations as Acting Member of the same Board, explicitly to ensure the continuity of the examination process. Her original ad interim appointment was later confirmed by the Commission on Appointments on May 9, 1962. Despite this confirmation and her continued service, Corazon C. Fernandez was appointed to the same position on December 29, 1962. Gillera then filed a petition for quo warranto and prohibition, asserting her rightful claim to the office.

ISSUE

The core issue is whether President Macapagal’s Administrative Order No. 2 validly recalled or withdrew Gillera’s ad interim appointment of December 28, 1961.

RULING

The Supreme Court ruled in favor of petitioner Gillera, declaring her ad interim appointment valid and effective. The Court distinguished her case from the general ruling in Aytona v. Castillo, which expressed doubt over the validity of “midnight appointments” but did not categorically void them. The Court clarified that Aytona did not uphold Administrative Order No. 2 as an absolute power to recall all appointments; rather, the decision was influenced by the specific, questionable circumstances of the appointments in that case, which involved a “mad scramble” of last-minute, mass appointments.
Crucially, Gillera’s appointment lacked these dubious characteristics. It was issued on December 26, 1961, before the incumbent’s term expired, to fill an imminent vacancy just prior to scheduled professional examinations. The appointment was deliberate, necessary for public service, and involved a qualified appointee. This was evidenced by President Macapagal’s own subsequent emergency designations of Gillera to the same post, acknowledging the critical need to fill the position to avoid disrupting the examinations. Therefore, her appointment was not a void “midnight appointment” but a valid, deliberate act. Its subsequent confirmation by the Commission on Appointments solidified her title. Consequently, respondent Fernandez was ordered to vacate the position in favor of Gillera.