MP DIGEST

2014-08-16

Matibag v. Benipayo
(Issue: Executive Department, The President, Powers and Functions, Power of Appointment)

Facts:
President Arroyo appointed Respondent Alfredo Benipayo as ad interim COMELEC
Chairman, and Borra and Tuason as COMELEC Commissioners. Petitioner argues that
ad interim appointments to the COMELEC are temporary appointments prohibited
by Sec. 1(2), Art. IX-C of the Constitution:
In no case shall any member be appointed or designated in a temporary or acting
capacity.
Issue:
Can the ad interim appointments considered temporary, and therefore, prohibited?
Held:
No. An ad interim appointment is a permanent appointment. It takes effect
immediately and can no longer be withdrawn by the President once the appointee has
qualified into office.
The Constitution itself makes ad interim appointments permanent in character by
making it effective until disapproved by the Commission on Appointments or until the
next adjournment of Congress. Sec. 16, Art. VII provides:
The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective
only until disapproval by the Commission on Appointments or until the next
adjournment of the Congress.