Practice question
An official’s first ad interim appointment was bypassed through nonaction. During a later lawful recess, outside any appointment ban, the President grants a fresh valid appointment. The new instrument is then expressly disapproved by the Commission on Appointments. The official says the earlier bypass makes all later Commission decisions irrelevant. Which is correct?
- The first bypass immunizes the official forever.
- The later express disapproval has its own constitutional effect; an earlier bypass does not neutralize it.
- Fresh appointments cannot ever be reviewed by the Commission.
- Disapproval is identical to confirmation.
- Only the official may decide whether disapproval counts.
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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