VLANECIA v. PERALTA, JR.
Issue: Whether Valencia was an ad-interim appointee
August 23, 1963 Reyes, JBL, J.:
A quo warranto proceeding originally filed with this
Court and involves the position of Chairman of the
Board of Directors of the National Waterworks and
Sewerage Authority (NAWASA).
Valencia was designated as Acting Chairman of the
BOD of NWSA by President Carlos P. Garcia
allegedly upon the information that an ad interim
appointment extended to him. He took an oath of
office, in the usual form and substance, subscribed and
sworn on 25 October 1961 before President Garcia.
On 27 April 1962, the Commission on Appointments
confirmed Valencia’s appointment as Chairman of the
Board—expiring on 20 July 1967.
However, even before the expiration, Macario Peralta,
Jr., was appointed ad interim to the same position by
President Diosdado Macapagal.
Respondent Secretary of National Defense Macario
Peralta, Jr., was appointed ad-interim to the same
position by President Diosdado Macapagal.
Valencia stopped attending board meetings aid
instituted a petition for quo warranto against Peralta,
Jr. Valencia assailed the legality of the appointment
since it was done while the position was not yet vacant
because he (Valencia) didn’t resign nor was he
removed for cause.
Valencia claims that he was appointed with a term of
six years as fixed in Sec. 3 of R.A. No. 1383 and his
tenure will expire on 25 October 1967.
OSG:
1) Appointment was “acting chairman” or in
acting capacity. It was never an ad-interim
appointment.
2) There was no valid appointment, so the CA’s
confirmation had no legal effect
3) Denied that Valencia was appointed ad-
interim
a. ad-interim appointment papers
which were dated 6 November 1961
but actually prepared 25 December
1961 (ante-dated), was never
released to Valencia.
b. President Macapagal issued A.O.
No. 2 withdrawing and recalling all
midnight appointments made by
Pres. Garcia.
– NO, Valencia failed to prove.
Is the appointment revoked by the subsequent
appointment of Peralta, Jr. – YES
We fail to see any merit in petitioner's case.
The evidence supports that Valencia was designated as
Acting Chairman of the NAWASA BOD.
This designation, being of revocable and temporary
character, could not ripen into a permanent
appointment, EVEN IF it was subsequently confirmed
by the CA.
Confirmation presupposes a valid nomination or
recess appointment. Valencia argues that his oath and
confirmation imply a prior ad-interim appointment.
We are of the opinion that it was incumbent upon
Valencia to clearly prove what kind of appointment it
was and when such appointment was made.
The letter of transmission received by the CA stated:
Hon. Elpidio Valencia, as Chairman of the Board of
Directors of the National Waterworks and Sewerage
Authority, for a term expiring July 20, 1967, date of
appointment November 6, 1961
The Secretary of the CA certified that CA indeed
confirmed Valencia’s appointment of November 6,
1961.
The Certificate of the Office of the President stated
that the draft was processed on December 25, 1961 but
it was not released.
The SC was very puzzled, if there was really an ad
interim appointment
1) either it preceded the taking of the oath on
October 25 and lapsed without being
confirmed by the CA; OR
2) the appointment was made on November 6
and was duly confirmed but Valencia failed
to take the oath of office on October 25, 10
days before the appointment was made.
To cap it all, there was only 1 designation on record
and it was as mere Acting Chairman dated October 4.
It was not permanent and therefore revocable anytime
by the President. It was actually revoked by the
subsequent designation of Peralta.