Practice question
A qualified department secretary holds a valid ad interim appointment. Congress next adjourns without the Commission on Appointments acting. Outside any appointment ban, the President issues a fresh valid ad interim appointment to the same office. Is renewal barred merely because the first appointment was bypassed?
- Yes, because silence permanently disqualifies the appointee
- No, because bypass through nonaction is distinguishable from disapproval
- Yes, because every ad interim appointment must first be judicially confirmed
- No, because the first appointment never expired
- Yes, because the Constitution permits only one recess appointment per person
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
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