Practice question
The Commission on Appointments expressly disapproves an ad interim appointment after considering it. The President immediately reissues the same appointment to defeat that decision. Which conclusion follows from Matibag?
- Reissuance is valid because disapproval and bypass have identical effects
- Reissuance is valid if the appointee takes a second oath
- The disapproval is converted into confirmation at adjournment
- The appointment continues until the end of the presidential term
- The President cannot override the Commission's final disapproval by renewing the same appointment
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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