Practice question
The CA fails to act before adjournment. The President issues a new ad interim appointment to the same by-passed appointee, within the applicable fixed term. Is renewal categorically prohibited merely because the CA previously did not act?
- Yes, silence is always final rejection
- Yes, every bypass is a criminal judgment
- Yes, a new appointment can never be issued
- No; Matibag distinguishes bypass from final disapproval and permits renewal in that circumstance
- Yes, no distinction exists between inaction and disapproval
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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