2013 Political Law, Q2

While Congress was in session, the President appointed eight acting Secretaries. A group of Senators from the minority bloc questioned the validity of the appointments in a petition before the Supreme Court on the ground that while Congress is in session, no appointment that requires confirmation by the Commission on Appointments, can be made without the latter’s consent, and that an undersecretary should instead be designated as Acting Secretary.
Should the petition be granted? (5%)

Quick check

Under Pimentel v. Ermita, can the President appoint acting Cabinet Secretaries while Congress is in session without CA confirmation?

What is the primary legal distinction between an ad interim appointment and an acting appointment?

Is the President legally restricted to designating only undersecretaries as acting department secretaries?

What constitutional goal is served by allowing the President to issue temporary acting appointments?

Under Article VII, Section 16 of the Constitution, which appointments strictly require Commission on Appointments confirmation?

Learn more about these topics

1. Acting Appointments Power
Under Section 16, Article VII of the 1987 Philippine Constitution and Pimentel v. Ermita, the President possesses the authority to make temporary acting appointments to cabinet positions even while Congress is in session. Acting appointments are distinct from ad interim appointments, as they are temporary designations meant to prevent a hiatus in public service. Because acting appointments are temporary in nature, they do not require the consent or confirmation of the Commission on Appointments, regardless of whether Congress is currently in session or in recess.

2. Confirmation Power Scope
The confirmation power of the Commission on Appointments under Article VII, Section 16 applies strictly to regular ad interim appointments and permanent presidential appointments specified by the Constitution. Temporary acting appointments do not confer permanent title to the office and are revocable at the pleasure of the President. Consequently, requiring Commission on Appointments confirmation for temporary acting secretaries would unduly restrict executive power and hinder the President's constitutional duty to ensure that laws are faithfully executed through continuous administrative operations.

3. Executive Appointing Discretion
The President enjoys broad executive discretion in selecting individuals to serve as acting department secretaries. Unless a specific statute expressly dictates otherwise, the President is not legally restricted to designating undersecretaries to fill cabinet vacancies temporarily. The constitutional prerogative to appoint includes the authority to choose qualified individuals outside the department's existing hierarchy to serve in an acting capacity, ensuring administrative efficiency and continuity across the executive department during leadership transitions.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026