Bar Q and A #10

  1. 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.

  2. 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.

  3. 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.

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.

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.

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)

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.

 

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)

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)

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)

  1. 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)

  2. 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.

  3. 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)

  4. 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)

b.) The claim of VAMP is not The Commission of Investigation and the Commission on Human Rights can immediately start performing their functions upon acceptance since they are not required to be confirmed. The Secretary of the Department of Tourism and the Chairman of the Civil Service Commission, disbursements of their salaries and emoluments are valid.

The invocation by the Board of directors of the doctrine of qualified political agency is not proper.

“The doctrine of qualified political agency essentially postulates that the heads of the various executive departments are the alter egos of the President, and, thus, the actions taken by such heads in the performance of their official duties are deemed the acts of the President unless the President himself should disapprove such acts. This doctrine is in recognition of the fact that in our presidential form of government, all executive organizations are adjuncts of a single Chief executive; that the heads of the executive Departments are assistants and agents of the Chief Executive; and that the multiple executive functions of the president as the Chief Executive are performed through the Executive Departments. The doctrine has been adopted here out of practical necessity, considering that the President cannot be expected to personally perform the multifarious functions of the executive office.

The Cabinet Members sat on the Board of Directors ex officio, or by reason of their office or function, “not because of their direct appointment to the Board by the president. Evidently, it was the law, not the President, that sat them in the Board.”

“Under the circumstances, when the members of the Board of Directors effected the assailed... reorganization, they were acting as the responsible members of the Board of Directors” constituted pursuant to the law,” not as the alter egos of the President.” (Trade and Investment Development Corporation of the Philippines v. Manalang-Demigillo, G.R. No. 185571, March 5, 2013; Manalang-Demigillo v. Trade and Investment Development Corporation of the Philippines, G.R. No. 168613, March 5, 2013)