Practice question
A valid ad interim appointment is submitted to the Commission on Appointments, which deliberates and expressly disapproves it on the merits. The President issues another ad interim appointment of the same person to revive the disapproved appointment, arguing that any termination can be treated as a mere bypass. Which analysis is best?
- Every disapproval can be erased by changing the date on the appointment
- The President may revive it because bypass and disapproval are identical
- Final disapproval is distinct from nonaction, and the disapproved appointment cannot be revived by another ad interim appointment
- The Commission may only make recommendations in confirmation cases
- Disapproval matters only if Congress unanimously adopts it
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
Answer this question in flashcards to review your response and continue practicing.