Practice question
During a lawful congressional recess, Elena accepts an ad interim appointment as department secretary and assumes office. The Commission on Appointments does not act before the next adjournment. No new appointment is issued. Elena argues that Matibag calls her appointment permanent, so she may continue indefinitely until expressly rejected. Which answer is best?
- She may continue because permanent means unconditional
- She may continue only if her department has many pending projects
- Her existing appointment ended at the next adjournment despite its permanent character
- Her appointment becomes confirmed automatically after adjournment
- Her original appointment was void from the beginning merely because it was ad interim
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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