Unformatted text preview: ire confirmation of CA Temporary in nature
Appointee does not enjoy security of tenure Q: Is the act of the President in appointing acting secretaries constitutional, even without the consent of the Commission on Appointments while Congress is in session? A: Yes. Congress, through a law, cannot impose on the President the obligation to appoint automatically the undersecretary as her temporary alter ego. An alter ego, whether temporary or permanent, holds a position of great trust and confidence. The office of a department secretary may become vacant while Congress is in session. Since a department secretary is the alter ego of the President, the acting appointee to the office must necessarily have the President’s confidence. (Pimentel v. Ermita, G.R. No. 164978, Oct. 13, 2005) A: 1. The spouse and relatives by consanguinity or affinity within the 4th civil degree of the President shall not, during his "tenure" be appointed: a. As members of the Constitutional Commissions b. Member of the Office of Ombudsman c. Secretaries d. Undersecretaries e. Chairmen or heads of bureaus or offices, including government‐
owned or controlled corporations and their subsidiaries. (Sec. 13, Art. VII) 2. GR: Two months immediately before the next Presidential elections (2nd Monday of May), and up to the end of his "term" (June 30), a President (or Acting President) shall not make appointments. XPN: Temporary appointments, to executive positions, when continued vacancies therein will prejudice public service (Sec. 15, Art. VII) (e.g. Postmaster); or endanger public safety (e.g. Chief of Staff). 3. Midnight Appointments Q: Sec. 15, Art. VII of the 1987 Constitution prohibits the President from making appointments two months before the next presidential elections and up to the end of his term. To what types of appointment is said prohibition directed against? A: Section 15, Article VII is directed against two types of appointments: 1. Those made for buying votes – refers...
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