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Practice question: Bypassed Appointments and their Effects

Multiple Choice Medium Jurisprudence

Practice question

A validly appointed ad interim official performs authorized duties before the next adjournment. The appointment is later bypassed. A challenger argues that the later bypass alone proves the official had no authority at any earlier time. Which is best?
  1. Later bypass necessarily makes every earlier act void from the start.
  2. The argument overlooks the appointment’s valid immediate effectiveness before its constitutional endpoint.
  3. No ad interim official may ever exercise authority.
  4. Bypass is retroactive impeachment.
  5. Every earlier act becomes an executive appointment.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VII, Section 16.
  • 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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