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Philippine Bar review · Question

Practice question: Bypassed Appointments and their Effects

Multiple Choice Medium Jurisprudence

Practice question

The Commission on Appointments has not acted and Congress has not yet reached the next adjournment. A valid ad interim appointee is told that silence alone immediately extinguished the appointment. No disapproval or other lawful terminating event is shown. Which answer is best?
  1. Any day of silence automatically terminates the appointment.
  2. The appointee must obtain a new appointment every morning.
  3. The stipulated silence alone is not either constitutional terminating event.
  4. Only a city mayor may decide whether it continues.
  5. Silence converts it into lifetime tenure.

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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