Philippine Bar review · Question

Practice question: Modes and Kinds of Appointment

Multiple Choice Hard Jurisprudence

Practice question

A COMELEC ad interim appointee is by-passed. A proposed renewed appointment claims a fresh seven-year period beginning on each bypass, extending service beyond the fixed term. Does Matibag’s approval of renewal authorize that extension?
  1. No; its distinction permits renewal without a final disapproval and does not authorize service beyond the applicable fixed term
  2. Yes, every bypass resets the constitutional term forever
  3. Yes, CA inaction amends all term limits
  4. Yes, a presidential paper can erase the fixed term
  5. Yes, no distinction exists between renewal and extending the term

Legal references

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

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