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    B. Prohibited Appointments (Sec. 16) : Matibag V. Benipayo Facts

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    Jenell Cruz
    1. The President appointed respondents Benipayo, Borra, and Tuason to the COMELEC on an ad interim basis for a term of 7 years. Petitioner Matibag challenged these appointments, arguing they violated the constitutional prohibition on temporary COMELEC appointments. 2. The Court ruled that ad interim appointments are permanent, not temporary, as they take effect immediately and cannot be withdrawn by the President once the appointee assumes office. 3. The appointments remain effective until disapproved by the Commission on Appointments or the next Congressional adjournment, demonstrating they are not revocable at any time by the President. Therefore, the ad interim appointments did not violate the constitutional

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    B. Prohibited Appointments (Sec. 16) : Matibag V. Benipayo Facts

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    Jenell Cruz
    19 views2 pages
    1. The President appointed respondents Benipayo, Borra, and Tuason to the COMELEC on an ad interim basis for a term of 7 years. Petitioner Matibag challenged these appointments, arguing they violated the constitutional prohibition on temporary COMELEC appointments. 2. The Court ruled that ad interim appointments are permanent, not temporary, as they take effect immediately and cannot be withdrawn by the President once the appointee assumes office. 3. The appointments remain effective until disapproved by the Commission on Appointments or the next Congressional adjournment, demonstrating they are not revocable at any time by the President. Therefore, the ad interim appointments did not violate the constitutional

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    1. The President appointed respondents Benipayo, Borra, and Tuason to the COMELEC on an ad interim basis for a term of 7 years. Petitioner Matibag challenged these appointments, arguing they violated the constitutional prohibition on temporary COMELEC appointments. 2. The Court ruled that ad interim appointments are permanent, not temporary, as they take effect immediately and cannot be withdrawn by the President once the appointee assumes office. 3. The appointments remain effective until disapproved by the Commission on Appointments or the next Congressional adjournment, demonstrating they are not revocable at any time by the President. Therefore, the ad interim appointments did not violate the constitutional

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    19 views2 pages

    B. Prohibited Appointments (Sec. 16) : Matibag V. Benipayo Facts

    Uploaded by

    Jenell Cruz
    1. The President appointed respondents Benipayo, Borra, and Tuason to the COMELEC on an ad interim basis for a term of 7 years. Petitioner Matibag challenged these appointments, arguing they violated the constitutional prohibition on temporary COMELEC appointments. 2. The Court ruled that ad interim appointments are permanent, not temporary, as they take effect immediately and cannot be withdrawn by the President once the appointee assumes office. 3. The appointments remain effective until disapproved by the Commission on Appointments or the next Congressional adjournment, demonstrating they are not revocable at any time by the President. Therefore, the ad interim appointments did not violate the constitutional

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    1. b. Prohibited Appointments (Sec.

    16) GMA renewed the ad interim appointments for the third time,
    submitted appointments for confirmation to COA, and took oaths of
    MATIBAG v. BENIPAYO office.
    FACTS: Benipayo as COMELEC Chairman issued a Memorandum addressed
    2 February 1999 COMELEC en banc appointed petitioner Angelina to petitioner reassigning the latter to the Law Department but was
    Matibag as Acting Director IV of the Education and Information objected by COMELEC EID Commissioner-in-Charge Mehol Sadain
    Department. on the ground of failure to consult to him such reassignment.

    15 February 2000 Chairperson Harriet Demetriou renewed the Petitioner requested respondent to reconsider her relief as Director
    appointment of petitioner as Director IV of EID in a Temporary IV of the EID her reassignment to the Law Department invoking Civil
    capacity. Service Commission Memorandum Circular No. 7 reminding heads
    of government offices that transfer and detail of employees are
    Commissioner Rufino Javier renewed again the appointment of prohibited during the election period DENIED
    petitioner to the same petitioner and capacity.
    Petitioner appealed denial to COMELEC en banc as well as an
    22 March 2001 President GMA appointed, ad interim, respondent administrative and criminal complaint with the Law Department
    Benipayo as COMELEC Chairman, and Borra and Tuason as against Benipayo alleging her reassignment is in violation of laws,
    COMELEC Commissioners for a term of 7 years each (expiring 2 Feb rules, and regulations.
    2008)
    During the pendency of the complaint, petitioner filed an instant
    The Office of the President submitted to the COA the ad interim petitioner questioning the appointment and the right to remain in
    appointments of Benipayo, Borra, and Tuason for confirmation but office of Benipayom Borram and Tuason.
    was not acted upon.
    Petitioner claims that the ad interim appointments violate the
    1 June 2001 GMA renewed the ad interim appointments of constitutional provisions on the independence of COMELEC as well
    Benipayo, Borra, and Tuason to the same position and term. as on the prohibitions on temporary appointments and
    reappointments of its Chairman and members.
    The appointments were transmitted to COA for confirmation
    however, the Congress adjourned before COA could act on the 6 September 2001 GMA renewed once again the ad interim
    appointments. appointments of Benipayo (Chairman), Borra, Tuason (members) for
    a term of 7 years and took their oaths of office thereafter.
    Petitioner argues that an ad interim appointment to COMELEC is
    temporary appointment which is prohibited by Sec. 1 (2) Art. IX of
    the Constitution

    ISSUE:

    WON the assumption of office by Benipayo, Borra and Tuason


    on the basis of the ad interim appointments issued by the
    President amounts to a temporary appointment prohibited by
    Section 1 (2), Article IX-C of the Constitution;
    RULING:

    An ad interim appointment is a permanent appointment because it


    takes effect immediately and can no longer be withdrawn by the
    President once the appointee has qualified into office.

    The fact that it is subject to confirmation by the Commission on


    Appointments does not alter its permanent character.

    The Constitution itself makes an ad interim appointment permanent


    in character by making it effective until disapproved by the
    Commission on Appointments or until the next adjournment of
    Congress.

    Thus, the ad interim appointment remains effective until such


    disapproval or next adjournment, signifying that it can no longer be
    withdrawn or revoked by the President. The fear that the President
    can withdraw or revoke at any time and for any reason an ad
    interim appointment is utterly without basis.

    WHEREFORE, petitioner is DISMISSED.

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