Philippine Bar review · Question

Practice question: Bypassed Appointments and their Effects

Multiple Choice Easy Jurisprudence

Practice question

Does a valid accepted ad interim appointment await Commission on Appointments confirmation before becoming effective?
  1. No; it takes effect without waiting for confirmation, subject to its constitutional limits.
  2. Yes; it is always legally nonexistent before confirmation.
  3. Yes; only a newspaper notice makes it effective.
  4. Yes; only a local council can activate it.
  5. No; because confirmation is constitutionally abolished.

Legal references

  • Matibag v. Benipayo, G.R. No. 149036, April 2, 2002, main decision: https://lawphil.net/judjuris/juri2002/apr2002/gr_149036_2002.html
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VII, Section 16.

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