In his capacity as COMELEC Chairman, respondent Benipayo issued a memorandum in April,2001addressed to petitioner as Director IV and Cinco as Director III of the EID, designatingCinco as the officer in charge and reassigning petitioner to the Law Department. Petitionerrequested Benipayo to reconsider her relief as Director IV but was denied. She also filed anadministrative and criminal complaint with the Law Dept. alleging that her reassignment violatedpertinent administrative and civil service laws, like the COMELEC Resolution no. 3528. During the pendency of her complaint before the Law Department, Petitioner filed the instantpetition questioning the appointment and the right to remain in office of the respondents. Sheclaims that the ad interim appointments violate the constitutional provisions on the independenceof the COMELEC.
Issue:Whether or not the assumption of office by respondents on the basis of the ad interimappointments issued by the President amounts to a temporary appointment prohibited by Sec 1(2), Article 9-C of the Constitution. Ruling:No. Petitioner posits the view that an ad interim appointment can be withdrawn or revoked bythe president at her pleasure, and can even be disapproved or simply by-passed by theCommission on Appointments. For this reason, petitioner claims that an ad interim appointmentis temporary in character and consequently prohibited by the last sentence of by Sec 1 (2),Article 9-C of the Constitution. An ad interim appointment is permanent because it takes effectimmediately and can no longer be withdrawn by the president once appointee has qualified intooffice. The constitution itself makes an ad interim appointment permanent in character bymaking it effective until disapproved by the Commission on Appointments (2ndparagraph of Sec16, Article 7 of the Constitution).
Article VII, Section 16RUFINO v ENDRIGA, 496 SCRA 13ARMITA B. RUFINO, ZENAIDA R. TANTOCO, LORENZO CALMA, RAFAEL SIMPAO, JR. and FREDDIE GARCIA, petitioners,Vs.BALTAZAR N. ENDRIGA, MA. PAZ D. LAGDAMEO, PATRICIA C. SISON, IRMA PONCE-ENRILE POTENCIANO, and DOREEN FERNANDEZ, respondents.FACTS:On June 25, 1996, the Executive Order No. 30 creating the Cultural Center of the Philippines wasissued by Pres. Marco as a trust governed by a Board of Trustees with seven members to preserve andpromote Philippine culture. In 1972, CCP was converted into non-municipal public corporation free frominfluence of politics and increasing its members from 7 to 9. Later in 1985 through EO 1058, it wasfurther increased to 11.In 1995, the former Pres. Ramos appointed members of the board of trustees of CCP led byBaltazar N. Endriga (Endriga group) until Dec. 31, 1998. However, on Dec. 22, 1998, then Pres. Estradaadvised petitioners that they will be replaced by Armita B. Rufino (Rufino group). Estrada appointed 7new trustees with a term of 4 years within which these new trustees took respective oaths of office andassumed performance of duties. A quo warranto proceeding was filed questioning the President’sauthority.
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President of the United States, Gloria Macapagal-Arroyo, Joseph Estrada