1.) When is an appointment in the civil service permanent? Distinguish between an "appointment in an acting capacity" extended by a Department Secretary from an ad interim appointment extended by the President. Distinguish between a provisional and a temporary appointment.
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.
An appointment in an ACTING CAPACITY extended by a Department Secretary is not permanent but 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. Qzaeta, 81 Phil. 754, an ad interim appointment is permanent.
In Section 24 (d) of the Civil Service Act of 1959, a TEMPORARY APPOINTMENT is one issued to a person to a position needed only for a limited period not exceeding six Under Section 25(b) of the Civil Service Decree, a temporary appointment is one issued to a person who meets all the requirements for the position to which he is being appointed except the appropriate civil service eligibility because of the absence of appropriate eligibles and it is necessary in the public Interest to fill the vacancy. On the other hand. Section 24(e) of the Civil Service Act of 1959 defined a PROVISIONAL APPOINTMENT as one issued upon the prior authorization of the Civil Service Commission in accordance with its provisions and the rules and standards promulgated in pursuance thereto to a person who has not qualified in an appropriate examination but who otherwise meets the requirements for appointment to a regular position in the 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. Provisional appointments in general have already been abolished by Republic Act 6040. However, it still applies with regard to teachers under the Magna Carta for Public School Teachers.
2.) What is the nature of an "acting appointment" to a government office? Does such an appointment give the appointee the right to claim that the appointment will, in time, ripen into a permanent one? Explain.
According to Sevilla v. Court of Appeals. 209 SCRA 637, an acting appointment is merely temporary. As held in Marohombsar v. Alonto, 194 SCRA 390, a temporary appointment cannot become a permanent appointment, unless a new appointment which is permanent is made. This holds true unless the acting appointment was made because of a temporary vacancy. In such a case, the temporary appointee holds office until the assumption of office by the permanent appointee.
3.) In March 2001, while Congress was adjourned, the President appointed Santos as Chairman of the Commission on Elections. Santos immediately took his oath and assumed office. While his appointment was promptly submitted to the Commission on Appointments for confirmation, it was not acted upon and Congress again adjourned. In June 2001, the President extended a second ad interim appointment to Santos for the same position with the same term, and this appointment was again submitted to the Commission on Appointments for confirmation. Santos took his oath anew and performed the functions of his office. Reyes, a political rival, filed a suit assailing certain orders issued by Santos. He also questioned the validity of Santos' appointment. Resolve the following issues: a. Does Santos' assumption of office on the basis of the ad interim appointments issued by the President amount to a temporary appointment which is prohibited by Section 1 (2), Article IX-C of the Constitution? b. Assuming the legality of the first ad interim appointment and assumption of office by Santos, were his second ad interim appointment and subsequent assumption of office to the same position violations of the prohibition on reappointment under Section 1 (2), Article IX-C of the Constitution?
a.) The assumption of office by Santos on the basis of the ad interim appointment issued bythe President does not amount to a temporary An ad interim appointment is apermanent appointment, because it takes effect immediately and can no longer be withdrawn by thePresident once the appointee has qualified into office[Art. VII. Sec. 16, second paragraph of the Constitution; Matibag v. Benipayo, 380 SCRA 49(2002)].
b.) The second ad interim appointment of Santos does not violate the prohibition against reappointment under Section 1(2) Article IX-C of the Constitution. The prohibition does not apply to a by-passed ad interim appointment, because it has not been finally disapproved by the Commission on Appointments [Matibag Benipayo, 380 SCRA 49 (2002)]. The prohibition against reappointment in the Constitution presupposes the end of the term. After the end of the term, he cannot be reappointed.
4.) While Congress was in session, the President appointed eight acting Secretaries. A group of Senators from the minority bloc questioned the validity of the appointments in a petition before the Supreme Court on the ground that while Congress is in session, no appointment that requires confirmation by the Commission on Appointments, can be made without the latter's consent, and that an undersecretary should instead be designated as Acting Secretary. Should the petition be granted?
No, the petition should not be granted. The Department Head is an alter ego of the President and must enjoy his confidence even if the appointment will be merely temporary. The Senators cannot require the President to designate an Undersecretary to be the temporary alter ego of the President. (Pimentel v. Ermita, 472 SCRA 587)
5.) Margie has been in the judiciary for a long time, starting from the lowest court. Twenty (20) years from her first year in the judiciary, she was nominated as a Justice in the Court of Appeals. Margie also happens to be a first-degree cousin of the President. The Judicial and Bar Council included her in the short-list submitted to the President whose term of office was about to end – it was a month before the next presidential elections. Can the President still make appointments to the judiciary during the so-called midnight appointment ban period? Assuming that he can still make appointments, could he appoint Margie, his cousin?
NO, the President cannot make appointments to the Court of Appeals. The President can make appointments only to the Supreme Court two months before a presidential election until the end of his term, but not to the rest of the Judiciary like the Court of Appeals. Under Section 4(1), Article VIII of the Constitution, vacancies in the Supreme Court shall be filed within ninety (90) days from the occurrence of the vacancy. Under Section 9, Article VIII of the Constitution, vacancies in the lower courts shall be filled within ninety (90) days from submission of the list of nominees. These appointments are screened by the Judicial and Bar Council, and the process necessarily precludes or prevents the President from making purely political appointments to the courts, which is what is sought to be prevented by the prohibition. (De Castro v. Judicial and Bar Council, G.R. No. 191002, April 20, 2010)
Assuming that he can still make appointments, the President may appoint his first cousin as Justice of the Court of Appeals. The prohibition in Section 13, Article VII of the Constitution against appointment by the President of relatives within the fourth degree by consanguinity or affinity does not extend to appointments to the Judiciary.
6.) A was a career Ambassador when he accepted an ad interim appointment as cabinet Member. The Commission on Appointment bypassed his ad interim appointment, however, and he was not re- appointed. Can he re-assume his position as career Ambassador?
The career Ambassador cannot re-assume his position as a career Ambassador. His ad interim appointment as Cabinet Member was a permanent appointment. (Summers v. Ozaeta, 81 Phil. 754, 1948) He abandoned his position as Ambassador when he accepted his appointment as Cabinet Member because as Cabinet Member, he could not hold any other office during his tenure. (Section13, Article VII, Constitution)
7.) The President appointed Dexter I. Ty as Chairperson of the COMELEC on June 14, 2011 for a term of seven (7) years pursuant to the 1987 Constitution. His term of office started on June 2, 2011 to end on June 2, 2018. Subsequently, the President appointed Ms. Marikit as the third member of the COMELEC for a term of seven (7) years starting June 2, 2014 until June 2, 2021. On June 2, 2015, Chairperson Ty retired optionally after having served the government for thirty (30) years. The President then appointed Commissioner Marikit as COMELEC Chairperson. The Commission on Appointments confirmed her appointment. The appointment papers expressly indicate that Marikit will serve as COMELEC Chairperson "until the expiration of the original term of her office as COMELEC Commissioner or on June 2, 2021." Matalino, a tax payer, files a petition for certiorari before the Supreme Court asserting that the appointment of Marikit as COMELEC Chairperson is unconstitutional for the following reasons: (1) The appointment of Marikit as COMELEC Chairperson constituted a reappointment which is proscribed by Section 1 (2), Article IX of the 1987 Constitution; and (2) the term of office expressly stated in the appointment papers of Marikit likewise contravenes the aforementioned constitutional provision. Will the constitutional challenge succeed? Explain.
The first argument is untenable since Commissioner Marikit was not reappointed but actually was a promotional appointment as she had not yet fully served her term. What the Constitution prohibits is a reappointment of a COMELEC Commissioner after serving the seven-year term. On the second argument, the limitation of the term of Commissioner Marikit as chairman until expiration of her original term on June 2, 2021 is valid only until June 8, 2018, that is, the unexpired portion of the last chairman’s term but invalid if until 2021 as it exceeds the limitation. A promotional apportionment is allowed provided that the aggregate period of the term of the appointee will not exceed seven years and that the rotational scheme of staggering terms of the commission membership is maintained. (Funa v. Ermita, 2012)
8.) While Congress was not in session, the President appointed Antero as Secretary of the Department of Tourism (DOT), Benito as Commissioner of the Bureau of Immigration (BI), Clodualdo as Chairman of the Civil Service Commission (CSC), Dexter as Chairman of the Commission on Human Rights (CHR), and Emmanuel as Philippine Ambassador to Cameroon. The following day, all the appointees took their oath before the President, and commenced to perform the functions of their respective offices. (a) Characterize the appointments, whether permanent or temporary; and whether regular or interim, with reasons. (b) A civil society group, the Volunteers Against Misguided Politics (VAMP), files suit, contesting the legality of the acts of the appointees and claiming that the appointees should not have entered into the performance of the functions of their respective offices, because their appointments had not yet been confirmed by the Commission on Appointments. Is this claim of VAMP correct? Why or why not?
a.) The appointment of Antero as Secretary of Tourism is ad interim because it is subject to confirmation of the Commission on Appointments and was made while Congress was not in He can start performing his duties upon his acceptance, because it is permanent and cannot be withdrawn after its acceptance. (Matibag v. Benipayo, 380 SCRA 49, 2002)
The appointment of Benito as Commissioner of the Bureau of Immigration is regular and It is not required to be confirmed by the Commission on Appointments. He can start performing his duties upon acceptance of the appointment. (Section 16, Art. VII, 1987 Constitution)
The appointment of Clodualdo as Chairman of the Civil Service Commission is ad interim because it is subject to confirmation by the Commission on Appointments and was made while Congress was not in He can start performing his duties upon his acceptance of the appointment, because it is permanent and cannot be withdrawn.
The appointment of Dexter as Chairman of the Commission on Human Rights is regular and permanent upon his It is not required to be confirmed by the Commission on Appointments. He can start performing his duties upon his acceptance. (Bautista v. Salonga 172 SCRA 160, 1989)
The appointment of Emmanuel as ambassador to Cameroon is ad interim because it is subject to confirmation by the Commission on (Section 16, Article VII of the 1987 Constitution)