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Practice question: Ad Interim Appointments

Multiple Choice Hard Jurisprudence

Practice question

A validly qualified ad interim COMELEC commissioner is awaiting Commission on Appointments action. A committee postpones its hearing, but the Commission has not disapproved the appointment and Congress has not reached the next adjournment. Opponents call postponement final constitutional rejection and demand immediate removal on that basis alone. Which analysis is best?
  1. Every hearing postponement is necessarily a final disapproval.
  2. A committee schedule automatically dissolves the constitutional office.
  3. The appointee’s salary ends whenever a newspaper calls the case controversial.
  4. The stipulated postponement is not itself either specified constitutional termination event; the appointment continues on those assumptions.
  5. The President must treat every delay as an automatic seven-year confirmation.

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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