b. Ad Interim Appointments

Steps in the appointing process:

• Nomination by the President
• Confirmation by the Commission on Appointments
• Issuance of the Commission
• Acceptance by the Appointee

Note: In the case of ad interim appointments, steps 1, 3 and 4 precede step 2.

An appointment is deemed complete only upon acceptance [Lacson v. Romero, G.R. No. L3081 (1949)]. Owner check: Verify the citation against Lacson v. Romero, G.R. No. L-3081, October 14, 1949.

Appointment is essentially a discretionary power, the only condition being that the appointee, if issued a permanent appointment, should possess the minimum qualification requirements, including the Civil Service eligibility prescribed by law for the position. Discretion also includes the determination of the nature or character of the appointment.

Appointment and Term

Appointed by the President with the consent of the Commission on Appointments, for a term of 7 years, without reappointment. (PHIL. CONST. art. IX-C, § 1, ¶ 2)

If the appointment was ad interim, a subsequent renewal of the appointment does not violate the prohibition on reappointment because no previous appointment was confirmed by the Commission on Appointments. Further, the total term of both appointments must not exceed the 7-year limit. (Matibag v. Benipayo, G.R. No. 149036, April 2, 2002)

Types of Appointment

• Regular
• Recess (Ad Interim)

Two Kinds of Appointments Requiring Confirmation:

• Regular: If the CA (Congress) is in session; and
• Ad Interim: during the recess of Congress (because the CA shall meet only while Congress is in session) [Section 19, Article VI, 1987 Constitution]

Ad Interim Appointment

• Made by the President while Congress is not in session.
• Takes effect immediately, BUT ceases to be valid (1) if disapproved by the CA or (2) upon the next adjournment of Congress [Section 16(2), Article VII, 1987 Constitution].
• Ad Interim appointments are permanent appointments. Ad Interim appointments to the Constitutional Commissions (e.g. COMELEC) are permanent as these take effect immediately and can no longer be withdrawn by the President once the appointee has qualified into office. The fact that it is subject to the confirmation of the CA does not alter its permanent character [Matibag v. Benipayo, G.R. No. 149036 (2002)].

Acting/Temporary Appointment

Can be withdrawn or revoked at the pleasure of the appointing power. The appointee does not enjoy security of tenure.

Note: The President cannot designate an acting chair in a Constitutional Commission (in order to preserve the latter’s independence). However, he may designate an ad interim appointee as chair in the Constitutional Commission [See Brillantes v. Yorac, G.R. No. 93867 (1990)].

Limitations

• Congress cannot by law prescribe that the appointment of a person to an office created by such law shall be subject to confirmation by the CA
• Appointments extended by the President to the enumerated positions while Congress is not in session shall only be effective until disapproval by the CA, or until the next adjournment of Congress Ad Interim Appointments
• The Commission on Appointments adopts its own rules of procedure, but its actions remain subject to judicial review for grave abuse of discretion under Article VIII, Section 1 of the 1987 Constitution.

Midnight Appointments & Ad Interim Appointments

What is an ad interim appointment?

An ad interim appointment is permanent in character upon the appointee's qualification, subject to disapproval by the Commission on Appointments or the next adjournment of Congress. It is an appointment made by the President while Congress is NOT in session or during recess.

Ad-Interim Appointments (PHIL. CONST., art VII, § 16)

• When Congress is in recess, the President may still appoint officers to positions subject to CA confirmation. These appointments are effective immediately, but are only effective until they are disapproved by the CA or until the next adjournment of Congress.
• Applies only to positions requiring confirmation of CA Appointments, to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and need no CA approval.
• The assumption of office on the basis of the ad interim appointments issued by the President does not amount to a temporary appointment which is prohibited by § 1 (2), Art. IX-C. An ad interim appointment is a permanent appointment because it takes effect immediately and can no longer be withdrawn by the President once the appointee has qualified into office. (Matibag v. Benipayo G.R. No. 149036, April 2, 2002).

How Ad-Interim Appointments Terminated

• Disapproval of the appointment by the CA;
• Adjournment by the Congress without the CA acting on the appointment (NACHURA)