Philippine Bar review · Question

Practice question: Ad Interim Appointments

Essay Hard Jurisprudence

Practice question

A President withdraws a valid ad interim COMELEC appointment after the appointee has qualified and assumed office, without any Commission disapproval, relevant congressional adjournment or constitutionally valid removal. Explain Matibag’s distinction between withdrawal before qualification and the constitutional protection afterward.

Legal references

  • Matibag v. Benipayo, G.R. No. 149036, April 2, 2002, main decision: https://lawphil.net/judjuris/juri2002/apr2002/gr_149036_2002.html
  • 1987 Constitution, Article XI, Section 2: https://lawphil.net/consti/cons1987.html

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