Practice question
A recess appointment is issued but withdrawn by a communication received before the person qualifies into office. The person invokes Matibag as an absolute bar to any withdrawal from the instant a letter is signed. Which response is correct?
- The case forbids every communicated withdrawal even before qualification.
- The signature alone invariably makes every later event irrelevant.
- Matibag permits withdrawal communicated before qualification and distinguishes it from removal after qualification.
- The appointment must first be confirmed by every mayor.
- The person’s earlier private job determines the constitutional rule.
Legal references
- 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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