Philippine Bar review · Question

Practice question: Bypassed Appointments and their Effects

Essay Medium Jurisprudence

Practice question

A department secretary validly assumed office under an ad interim appointment. Congress next adjourned without action by the Commission on Appointments. The secretary has received no fresh appointment. Explain whether the permanent nature of the appointment authorizes continued service under that instrument.

Legal references

  • 1987 Constitution, Article VII, Section 16, recess appointments: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
  • Matibag v. Benipayo, G.R. No. 149036, April 2, 2002, main opinion, ad interim appointments and renewal after nonaction: https://lawphil.net/judjuris/juri2002/apr2002/gr_149036_2002.html

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