Practice question
A qualified person receives an ad interim COMELEC appointment during recess, qualifies, and is submitted for confirmation. Congress later adjourns without the Commission on Appointments finally acting because time ran out. In the next proper recess, the President renews the appointment for the same fixed term, without extending service beyond that term. Opponents call the earlier inaction a final rejection and invoke the no-reappointment rule. Which conclusion follows Matibag?
- Inaction necessarily equals disapproval on the merits
- The new appointment necessarily creates a fresh seven-year term
- Any previous day of ad interim service permanently bars renewal
- The Commission's failure to organize transfers appointment power to the Court
- A bypass is not final disapproval and the renewal described is not barred on the asserted theory
Legal references
- 1987 Constitution, Article VII, Section 16: https://lawphil.net/consti/cons1987.html
- Matibag v. Benipayo, G.R. No. 149036, April 2, 2002, main decision: https://lawphil.net/judjuris/juri2002/apr2002/gr_149036_2002.html
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