He negligently or willfully fails to require his

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Unformatted text preview: CA, G.R. No. 126481, Feb. 18, 2000) An ad interim appointee, whose term had expired by virtue of inaction by the Commission on Appointments, may be reappointed to the same position without violating the Constitutional provision prohibiting an officer whose term has expired from being re‐appointed (Matibag v. Benipayo, G.R. No. 130657, Apr. 1, 2002). Q: What is the rationale behind ad interim appointments? A: Ad interim appointments are intended to prevent a hiatus in the discharge of official duties. Obviously, the public office would be immobilized to the prejudice of the people if the President had to wait for Congress and the Commission of Appointments to reconvene before he could fill a vacancy occurring during the recess. (Guevara v Inocentes, G.R. No. L‐25577, Mar. 15, 1966) Q: Differentiate regular from ad interim appointments? A: REGULAR AD INTERIM Made when Congress is in session Made when Congress is in recess Made only after the nomination is confirmed by CA Made before such confirmation Continues until the expiration of the term Shall cease to be valid if disapproved by CA. (Sec. 16, Art. VII, Constitution) Q: Distinguish between an "appointment in an acting capacity" extended by a Department Secretary from an ad interim appointment extended by the President. A: An appointment in an acting capacity extended by a Department Secretary is not permanent but temporary. Hence, the Department Secretary may terminate the services of the appointee at any time. On the other hand, an ad interim appointment extended by the President is an appointment which is subject to confirmation by the Commission on Appointments and was made during the recess of Congress. As held in Summers v. Ozaeta (G.R. No. L‐1534, Oct. 24, 1948), an ad interim appointment is permanent. Q: Distinguish between a provisional and a temporary appointment. ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐O...
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This document was uploaded on 03/12/2014.

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