Practice question
A valid ad interim COMELEC commissioner has taken the required oath, qualified and assumed office. The President later sends a letter withdrawing the appointment solely because another candidate is preferred. No Commission disapproval, relevant congressional adjournment or constitutionally valid removal has occurred. Under Matibag, is this merely revocation of a temporary appointment?
- Yes; every ad interim appointment is temporary at pleasure.
- No; after qualification the appointment is complete, and the President cannot bypass the commissioner’s constitutionally protected tenure by mere withdrawal.
- Yes; a change in preference is always equivalent to Commission disapproval.
- Yes; an oath automatically waives all tenure rights.
- No, because ad interim appointees never obtain any office at all.
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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