The politicallawteam

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Unformatted text preview: H EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. LAW ON PUBLIC OFFICERS competitive service, whenever a vacancy occurs and the filling thereof is necessary in the interest of the service and there is no appropriate register of eligibles at the time of appointment. (Jimenea v. Guanzon, G.R. No. L‐24795, Jan. 29, 1968) Q: Can the President submit to the Commission on Appointments an appointment for confirmation when it does not need the consent of the same? A: No. The Constitution made an exclusive enumeration of the appointments that are to be approved by the CA. Only in the first sentence of Sec. 16 Art. VII does consent of the CA is needed for the appointments made by the President. Q: When is an appointment in the civil service permanent? A: Under Section 25(a) of the Civil Service Decree, an appointment in the civil service is permanent when issued to a person who meets all the requirements for the position to which he is being appointed, including the appropriate eligibility prescribed, in accordance with the provisions of law, rules and standards promulgated in pursuance thereof. Q: What is the nature of an ad interim appointment? A: Ad interim appointment is a permanent appointment. It is permanent because it takes effect immediately and can no longer be withdrawn by the President once the appointee qualified into office. The fact that it is subject to confirmation by the CA does not alter its permanent character. (Matibag v. Benipayo, G.R. No. 130657, Apr. 1, 2002). Ad interim appointments are permanent until: 1. Disapproved by the CA; or 2. Next adjournment of the Congress, either in regular or special session (inaction by the CA). Note: Being a permanent appointment, an ad interim appointee pending action by the Commission on Appointments enjoys security of tenure. (Marombhosar v....
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