Philippine Bar review · Question

Practice question: Ad Interim Appointments

Multiple Choice Medium Jurisprudence

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?
  1. Yes; every ad interim appointment is temporary at pleasure.
  2. No; after qualification the appointment is complete, and the President cannot bypass the commissioner’s constitutionally protected tenure by mere withdrawal.
  3. Yes; a change in preference is always equivalent to Commission disapproval.
  4. Yes; an oath automatically waives all tenure rights.
  5. 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

Answer this question in flashcards to review your response and continue practicing.