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%)
Suggested answer only. Not an official answer and not legal advice.
Antero, Clodualdo, and Emmanuel hold ad interim permanent appointments, while Benito and Dexter hold regular permanent appointments; VAMP's claim is incorrect. Under Article VII, Section 16 of the Constitution and Matibag v. Benipayo,
Unlock the full Political Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Which constitutional feature characterizes an ad interim appointment issued by the President during a recess of Congress?
Under Matibag v. Benipayo, ad interim appointments for positions requiring CA confirmation are permanent and effective immediately.
Which officer appointed by the President requires confirmation by the Commission on Appointments under Article VII, Section 16?
Ambassadors and public ministers are among the officers explicitly specified under Article VII, Section 16 as requiring CA confirmation.
Why is the claim of VAMP contesting the immediate assumption of office by ad interim appointees incorrect?
Ad interim appointees may lawfully enter into office immediately because recess appointments are effective upon acceptance.
Under Sarmiento v. Mison, which position does NOT require confirmation by the Commission on Appointments?
Choices available with full access.
What happens to an ad interim appointment if the Commission on Appointments fails to act on it before the next adjournment of Congress?
Choices available with full access.
Learn more about these topics
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.