Given the background and rationale for the

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Unformatted text preview: n already in the public service. It is considered only as an acting or temporary appointment, which does not confer security of tenure on the person named. (Binamira v. Garrucho, G.R. No. 92008, July 30, 1990) A: Administrative power is concerned with the work of applying policies and enforcing orders as determined by proper governmental organs. It enables the President to fix a uniform standard of administrative efficiency and check the official conduct of his agents. To this end, he can issue administrative orders, rules and regulations. (Ople v. Torres, G.R. No. 127685, July 23, 1998). b. APPOINTING POWER Note: The President has the power to temporarily designate an officer already in the government service or any other competent person to perform the functions of an office in the executive branch. In no case shall the temporary designation exceed one year. 2. Commission on Appointments Confirmation Q: What are four instances where confirmation of the Commission on Appointments is required? A: 1. Heads of executive departments GR: Appointment of cabinet secretaries requires confirmation. XPN: Vice‐president may be appointed as a member of the Cabinet and such appointment requires no confirmation. (Sec. 3, Art. VII) 1. In General Q: What is appointment? A: It is the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. Note: An appointment may be made verbally but it is usually done in writing through what is called the commission. Q: What is the nature of the appointing power of the President? A: The power to appoint is executive in nature. While Congress and the Constitution in certain cases may prescribe the qualifications for particular offices, the determination of who among those who are qualified will be appointed is the President’s prerogative. (Pimentel, et al. v. Ermita, et al., G.R. No. 164978, Oct. 13, 2005). Q: Are the appointments made by an acting President effective? A: These shall remain effective unless revoked by the elected President within 90 days from his...
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