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Philippine Bar review · Question

Practice question: Ad Interim Appointments

Multiple Choice Medium

Practice question

Congress resumes after a recess appointment. The Commission has not disapproved the ad interim appointment and Congress has not yet adjourned again. A rival says resumption alone automatically terminated it. Which is best?
  1. Resumption and adjournment always mean the same event
  2. The rival is correct because any session opening ends all appointments
  3. The appointee must obtain a mayor's extension
  4. The constitutional conditions refer to disapproval or the next adjournment, not mere resumption
  5. The appointment becomes a lifetime office upon resumption

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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