Practice question
A qualified ad interim COMELEC commissioner is accused of misconduct. An official argues that the President can avoid the constitutionally prescribed removal mechanism simply by renaming dismissal “withdrawal of the ad interim letter.” The appointment is already complete, and no Commission disapproval or relevant congressional adjournment is invoked. Under Matibag and Article XI, Section 2, which answer is best?
- A change of label cannot bypass constitutionally protected tenure and the constitutional removal mechanism for a COMELEC commissioner.
- All ad interim personnel are removable at pleasure regardless of qualification.
- An accusation alone equals Commission disapproval.
- The word withdrawal automatically eliminates due process.
- Every completed appointment becomes temporary whenever criticized.
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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