2016 Political Law, Q13

While Congress was not in session, the President appointed Antero as Secretary of the Department of Tourism (DOT), Benito as Commissioner of the Bureau of Immigration (BI), Clodualdo as Chairman of the Civil Service Commission (CSC), Dexter as Chairman of the Commission on Human Rights (CHR), and Emmanuel as Philippine Ambassador to Cameroon. The following day, all the appointees took their oath before the President, and commenced to perform the functions of their respective offices.
[a] Characterize the appointments, whether permanent or temporary; and whether regular or interim, with reasons. (2.5%)
[b] A civil society group, the Volunteers Against Misguided Politics (VAMP), files suit, contesting the legality of the acts of the appointees and claiming that the appointees should not have entered into the performance of the functions of their respective offices, because their appointments had not yet been confirmed by the Commission on Appointments. Is this claim of VAMP correct? Why or why not? (2.5%)

Quick check

Which constitutional feature characterizes an ad interim appointment issued by the President during a recess of Congress?

Which officer appointed by the President requires confirmation by the Commission on Appointments under Article VII, Section 16?

Why is the claim of VAMP contesting the immediate assumption of office by ad interim appointees incorrect?

Under Sarmiento v. Mison, which position does NOT require confirmation by the Commission on Appointments?

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What happens to an ad interim appointment if the Commission on Appointments fails to act on it before the next adjournment of Congress?

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1. Ad Interim Appointments
Under Article VII, Section 16 of the 1987 Constitution and Matibag v. Benipayo, ad interim appointments are made by the President during a recess of Congress for positions requiring confirmation by the Commission on Appointments. An ad interim appointment is permanent in character and takes effect immediately upon acceptance and qualification. It remains effective until disapproved by the Commission on Appointments or until the next adjournment of Congress. Because ad interim appointments are immediately effective, appointees may lawfully assume office and perform official duties prior to Commission on Appointments confirmation.

2. Commission Confirmation Scope
Under Sarmiento v. Mison, the confirmation power of the Commission on Appointments applies exclusively to the first sentence of Article VII, Section 16. These specified positions include heads of executive departments, ambassadors, public ministers, consuls, officers of the armed forces from colonel or naval captain, and other officers whose appointments are vested in the President under the Constitution, such as Chairmen of Constitutional Commissions. Appointments to offices created by law, such as the Bureau of Immigration Commissioner or Commission on Human Rights Chairman, do not require Senate or Commission on Appointments confirmation.

3. Regular Appointment Principles
Regular appointments are made by the President while Congress is in session. For positions requiring Commission on Appointments confirmation, a regular appointment requires prior confirmation before the appointee can lawfully qualify and assume office. However, for positions that do not require Commission on Appointments confirmation under the Constitution or statutory law, a presidential appointment is complete and regular upon acceptance and qualification by the appointee. Such appointees may immediately take their oath of office and discharge their official functions without submitting to legislative or Commission on Appointments scrutiny.

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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.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

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