Political Law, 2019 Bar — Question B.18-A

QUESTION

A was appointed by the President as a Commissioner of the Commission on Elections (COMELEC) while Congress was not in session. Pending confirmation of his appointment by the Commission on Appointments, A started to perform his official functions in the COMELEC, such as attending en banc sessions, hearing election protests, signing Resolutions, issuing Orders, and appearing before Congress during budget hearings. Atty. B questioned before the Supreme Court the exercise of official functions by A, stating that his ad interim appointment is not a permanent appointment but a temporary one pending confirmation by the Commission on Appointments, and thus prohibited under Article IX-C of the 1987 Constitution which states that “[i]n no case shall any Member [of the COMELEC] be appointed or designated in a temporary or acting capacity.” (a) Is Atty. B’s contention correct? Explain. (2.5%)

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