Practice question
A qualified COMELEC commissioner receives a valid ad interim appointment for a specified constitutional term. The Commission on Appointments does not act before Congress adjourns. During the ensuing lawful recess, the President renews the appointment for the same term and same expiration date. A challenger invokes the constitutional prohibition on reappointment to demand annulment solely because this is a second instrument. Under Matibag, what is the strongest answer?
- Renewal after bypass may be valid; it does not give a second constitutional term
- Every second instrument necessarily starts a new seven-year term
- A bypassed commissioner must instead receive an acting designation
- The original appointment remains effective without renewal
- Nonaction is an express merits rejection that the President has overruled
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
- 1987 Constitution, Article IX-C, Section 1(2), COMELEC appointments: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
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