Question B.18, Political Law, 2019 Bar Exam

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A was appointed by the President as a Commissioner of the Commission on Election (COMELEC) while Congress was not in session. Pending confirmation of his appointment by the Commission on Appointments, A started to perform his official functions in the COMELEC, such as attending en banc sessions, hearing election protests, signing Resolutions, issuing Orders, and appearing before Congress during budget hearings.

Atty. B questioned before the Supreme Court the exercise of official functions by A, stating that his ad interim appointment is not a permanent appointment but a temporary one pending confirmation by the Commission on Appointments, and thus, prohibited under Article IX-C of the 1987 Constitution which states that "[i]n no case shall any Member [of the COMELEC] be appointed or designated in a temporary or acting capacity."

(a) Is Atty. B’s contention correct? Explain. (2.5%)

(b) If the Commission on Appointments by-passed the confirmation of A, can he still be reappointed by the President? Explain. (2.5%)

Suggested Answer:

No. Answer

Under jurisprudence, an ad interim appointment is a permanent appointment because it takes effect immediately and can no long...

 


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