Facts:

• Procopio R. Morales, Jr. received an ad interim appointment as Justice of the Peace of San Andres, Quezon, on November 6, 1961.
• The appointment was released on December 27, 1961, and Morales took his oath and assumed office on December 28, 1961.
• On January 27, 1962, Secretary of Justice Diokno sent a telegram to the Executive Judge of Lucena City, declaring Morales' appointment without effect based on Administrative Order No. 2 by President Macapagal and the Supreme Court decision in the Aytona case, instructing him to vacate the office immediately.
• Morales sought reconsideration on February 26, 1962, but his request was denied on April 3, 1962.
• Despite this, the Commission on Appointments confirmed Morales' appointment on April 27, 1962.
• Toriano Patriarca was given an ad interim appointment as Justice of the Peace of San Andres, Quezon, on October 19, 1962, and assumed office on October 26, 1962.
• Morales filed a petition for "Quo Warranto, Prohibition, Injunction, Etc." against Patriarca and the Secretary of Justice on May 13, 1963, arguing that his appointment was not a midnight appointment and that his suit was timely filed.

Issue:

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Ruling:

1. The Court ruled that Morales' appointment was not a midnight appointment.
2. The Court dismissed Morales' petition for reinstatement as ...(Unlock)

Ratio:

• The Court determined that Morales' appointment was not a midnight appointment because it was extended on November 6, 1961, before election day, indicating deliberate and careful action.
• Morales took his oath on December 28, 1961, before the "scramble" in Malacañang that started on December 29, 1961, and before the promulgation of Administrative Order No. 2 on December 31, 1961. Therefore, no haste or irregularity attended his appointment.
• However, the Court held that Morales could not be reinstated because his action for reinstatement was filed more than one year after his removal.
• According to Section 16, Rule 66 of the ...continue reading