Case Digest: Cunanan vs Tan

ISSUE:  Whether or not the appointment of Jorge Tan Jr is valid. 

FACTS:  Petitioner sought to nullify the ad interim appointment of Jorge Tan Jr as acting Deputy Administrator of the Reforestation Administration. Carlos Cunanan was formerly appointed in the same position but was later on rejected by the Commision of Appointment prompting the President to replace him with Jorge Tan Jr immediately without his consent. Filing the quo warranto proceeding to the Supreme Court, Cunanan questions the validity of the convened Commission of Appointments citing irregularities as to the numbers of members comprising the same. 

DECISION:  Dismissed 

RATIO DECIDENDI:  With the reorganization of the Commission of Appointment, it was ruled that such is a power vested in the Congress as they deem it proper taking into consideration the proportionate numbers of the members of the Commission of Appointment members as to their political affiliations. However, with their reorganization, this affected a third party's right which they rejected as its result. To correct this, the Supreme Court declared the reinstatement of the petitioner and ordered respondent to vacate and turn over the office in contention.