Jorge v. Mayor
REITERATIONFacts
The Antecedents: Petitioner Nicanor G. Jorge, a career official with 38 years of service in the Bureau of Lands, was appointed ad interim Director of Lands by President Carlos Garcia on December 13, 1961, and his appointment was confirmed by the Commission on Appointments on May 14, 1962. He served in this capacity until November 13, 1962, when he received a letter informing him that his appointment was revoked by President Diosdado Macapagal's Administrative Order No. 2, and that he was designated Acting Director of Lands. Respondent Jovencio Q. Mayor was subsequently designated Acting Director of Lands. Procedural History: Petitioner Jorge protested his demotion and the appointment of respondent Mayor. Despite his protests, he instituted the present proceedings directly in the Supreme Court on September 2, 1963, seeking writs of mandamus and quo warranto. The respondent's answer asserted that Jorge's ad interim appointment and its confirmation were invalid due to revocation by Administrative Order No. 2 and that Jorge voluntarily relinquished his position. The Petition: Petitioner Jorge filed a petition for mandamus and quo warranto directly with the Supreme Court. He sought to be declared the sole legally appointed and qualified Director of Lands and to compel respondent Mayor to relinquish the office. The core of the petition argued that Administrative Order No. 2 did not validly revoke his ad interim appointment, as his appointment was made before the end of the congressional session on December 13, 1961, and thus not covered by the order. He contended that his appointment was validly confirmed and the office never became vacant, asserting his rights as a career civil servant against arbitrary removal.
Issue(s)
Whether Administrative Order No. 2 of President Macapagal validly revoked petitioner's ad interim appointment as Director of Lands. Whether petitioner voluntarily relinquished his position as Director of Lands.
Ruling
The Court granted the writs, declaring petitioner Nicanor G. Jorge as the duly appointed, confirmed, and qualified Director of Lands, and ordering respondent Jovencio Q. Mayor to turn over the office and desist from holding himself out as Acting Director.
Ratio Decidendi
On the validity of the revocation of the ad interim appointment: The Court held that Administrative Order No. 2 did not validly revoke petitioner's ad interim appointment. The administrative order specifically targeted appointments made and released after the joint session of Congress ended on December 13, 1961. While petitioner's appointment was dated December 13, 1961, there was no evidence that it was made and released after the session concluded. It is a matter of judicial notice that the session ended late at night, and in the absence of contrary proof, it is presumed that the appointment was made before the close of office hours on that day. Therefore, petitioner's appointment was not covered by Administrative Order No. 2 and remained unrevoked. The subsequent confirmation by the Commission on Appointments rendered the appointment valid, and the office never became vacant. On the alleged voluntary relinquishment: The Court found no evidence of voluntary relinquishment. Petitioner protested his demotion through letters to the Secretary of Agriculture and office circulars, demonstrating his intent to protect his rights. His courteous demeanor towards the authorities and the respondent was attributed to courtesy and delicadeza, not an abandonment of his position. The Court emphasized that abandonment must spring from deliberation and freedom of choice, which was not evident in the equivocal acts attributed to the petitioner. The precedent set by the suspension of the former Chairman of the National Science Board also cautioned against precipitate action. Therefore, the alleged acquiescence did not constitute a valid relinquishment of his de jure position.
Main Doctrine
An ad interim appointment, if made before the close of office hours on the day Congress adjourns, is presumed to have been made before the end of the session and is not covered by an administrative order revoking appointments made after the joint session of Congress ended. Such an appointment, once confirmed by the Commission on Appointments, is valid and cannot be revoked by a subsequent administrative order.