Philippine Bar review · Question

Practice question: Bypassed Appointments and their Effects

Multiple Choice Medium Jurisprudence

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?
  1. Yes, because silence permanently disqualifies the appointee
  2. No, because bypass through nonaction is distinguishable from disapproval
  3. Yes, because every ad interim appointment must first be judicially confirmed
  4. No, because the first appointment never expired
  5. 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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