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    Jorge v. Mayor (1964), Deocampo, EH 202

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    Jewel Vernesse Dane Deocampo
    Nicanor Jorge served as a career official in the Bureau of Lands for 38 years before being appointed as Acting Director on June 17, 1961 by President Carlos Garcia. On December 13, 1961, Garcia appointed Jorge as ad interim Director. President Diosdado Macapagal later issued an administrative order revoking appointments made after December 13, but the court found no evidence Jorge's appointment was made after hours that day, so it was presumed to be valid and not covered by the revocation order. Therefore, Jorge's appointment as Director remained in effect.

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    Jorge v. Mayor (1964), Deocampo, EH 202

    Uploaded by

    Jewel Vernesse Dane Deocampo
    62 views3 pages
    Nicanor Jorge served as a career official in the Bureau of Lands for 38 years before being appointed as Acting Director on June 17, 1961 by President Carlos Garcia. On December 13, 1961, Garcia appointed Jorge as ad interim Director. President Diosdado Macapagal later issued an administrative order revoking appointments made after December 13, but the court found no evidence Jorge's appointment was made after hours that day, so it was presumed to be valid and not covered by the revocation order. Therefore, Jorge's appointment as Director remained in effect.

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    Case Digest

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    Nicanor Jorge served as a career official in the Bureau of Lands for 38 years before being appointed as Acting Director on June 17, 1961 by President Carlos Garcia. On December 13, 1961, Garcia appointed Jorge as ad interim Director. President Diosdado Macapagal later issued an administrative order revoking appointments made after December 13, but the court found no evidence Jorge's appointment was made after hours that day, so it was presumed to be valid and not covered by the revocation order. Therefore, Jorge's appointment as Director remained in effect.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    62 views3 pages

    Jorge v. Mayor (1964), Deocampo, EH 202

    Uploaded by

    Jewel Vernesse Dane Deocampo
    Nicanor Jorge served as a career official in the Bureau of Lands for 38 years before being appointed as Acting Director on June 17, 1961 by President Carlos Garcia. On December 13, 1961, Garcia appointed Jorge as ad interim Director. President Diosdado Macapagal later issued an administrative order revoking appointments made after December 13, but the court found no evidence Jorge's appointment was made after hours that day, so it was presumed to be valid and not covered by the revocation order. Therefore, Jorge's appointment as Director remained in effect.

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    JORGE V.

    MAYOR,
    GR No. L-21776, 28 February 1964, En Banc, Reyes, J. B. L.

    Digest By: Jewel Vernesse Dane T. Deocampo, EH 202

    Principle in sum:

    “Petitioner Jorge's ad interim appointment is dated December 13, 1961, but


    there is no evidence on record that it was made and released after the joint
    session of Congress that ended on the same day. It is a matter of
    contemporary history, of which this Court may take judicial cognizance,
    that the session ended late in the night of December 13, 1961, and,
    therefore, after regular office hours. In the absence of competent evidence to
    the contrary, it is to be presumed that the appointment of Jorge was made
    before the close of office hours, that being the regular course of business.”

    FACTS:

    1. Nicanor G. Jorge is a career official in the Bureau of Lands and


    started working there as a Junior Computer in the course of 38 years
    service, from February 1, 1922 to October 31, 1960.

    2. June 17, 1961 – He was designated Acting Director of the same


    bureau.

    3. Jorge was appointed by President Carlos Garcia ad interim Director


    on December 13, 1961 and he took his oath of office on the 23 rd
    December of 1961.

    4. This appointment was on December 26, 1961, transmitted to the


    Commission on Appointments, and on May 14, 1962, petitioner's ad
    interim appointment as Director of Lands was confirmed by the
    Commission.

    5. Petitioner received a letter from the Secretary of Agriculture and


    Natural Resources of the Macapagal Administration, informing him
    that pursuant to a letter from the Assistant Executive Secretary Bernal,
    served on petitioner on November 13, his appointment was among
    those revoked by Administrative Order No. 2 of President Diosdado
    Macapagal; that the position of Director of Lands was considered
    vacant; and that petitioner Jorge was designated Acting Director of
    Lands, effective November 13, 1962.

    6. Respondent Mayor has been designated by the President to be Acting


    Director of Lands.
    7. Petitioner Jorge protested in a letter to the Secretary of Agriculture
    and issued office circulars claiming to be the legally appointed
    Director of Lands. He then instituted the present proceedings.

    ISSUE/S:

    A. Whether Administrative Order No. 2 of President Macapagal operated


    as a valid revocation of petitioner's ad interim appointment.

    HELD:

    A. No. Administrative Order No. 2 of President Macapagal did not


    operate as a valid revocation of petitioner’s ad interim
    appointment.

    1. The pertinent portion of the official text of said Administrative Order,


    as published in the Official Gazette (Vol. 58, page 3, No. 1 is as
    follows:

    “WHEREAS, ad interim appointments were extended and


    released by President Carlos P. Garcia after the joint session of
    Congress that ended on December 13, 1961;

    NOW, THEREFORE, I DIOSDADO MACAPAGAL,


    President of the Philippines, pursuant to the authority vested in me by
    law, do hereby withdraw and recall and declare without any further
    effect, all the said appointments and all communications relative
    thereto, including those to the defunct Commission on
    Appointments.”

    2. Petitioner Jorge's ad interim appointment is dated December 13, 1961,


    but there is no evidence on record that it was made and released after
    the joint session of Congress that ended on the same day. It is a matter
    of contemporary history, of which this Court may take judicial
    cognizance, that the session ended late in the night of December 13,
    1961, and, therefore, after regular office hours. In the absence of
    competent evidence to the contrary, it is to be presumed that the
    appointment of Jorge was made before the close of office hours, that
    being the regular course of business.

    3. The appointment, therefore, was not included in, nor intended to be


    covered by, Administrative Order No. 2, and the same stands
    unrevoked. Consequently, it was validly confirmed by the
    Commission on Appointments, and thereafter, the office never
    became vacant.

    xxx

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