Philippine Bar review · Question

Practice question: Modes and Kinds of Appointment

Multiple Choice Medium

Practice question

A recess ad interim appointee to an office requiring CA confirmation has qualified and assumed office. The President claims it may be recalled at pleasure merely because confirmation is pending. Which is best under Matibag?
  1. Pending confirmation necessarily means revocable at pleasure
  2. The appointee is only a volunteer
  3. The appointment has no effect until Congress adjourns
  4. The appointee must be treated as privately employed
  5. The claim overlooks the permanent character and constitutional termination rules of an ad interim appointment

Legal references

  • Matibag v. Benipayo, G.R. No. 149036, April 2, 2002, main opinion: https://lawphil.net/judjuris/juri2002/apr2002/gr_149036_2002.html
  • 1987 Constitution, Article VII, Sections 13 and 16; Article IX-B, Sections 2 and 7: https://lawphil.net/consti/cons1987.html

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