Practice question
During congressional recess, a qualified person receives a valid ad interim appointment to a confirmable office and duly qualifies. An official says the appointee must wait for prior confirmation before exercising any function. Which is correct?
- The valid ad interim appointment takes effect immediately and allows assumption before later confirmation
- Every recess appointment is legally nonexistent until a court approves
- Only a senator may authorize assumption
- The appointment can never be submitted for confirmation
- The appointee must wait for the next presidential election
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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