Ad-Interim Appointments | Power of Appointment | Powers of the President | EXECUTIVE DEPARTMENT

Ad-Interim Appointments under the Power of Appointment of the President

1. Constitutional Basis and Nature of Ad-Interim Appointments

The power of appointment is an essential executive power granted to the President of the Philippines under Section 16, Article VII of the 1987 Philippine Constitution. Specifically, the provision outlines the procedures for appointments requiring the consent of the Commission on Appointments (CA). One form of presidential appointment is the ad-interim appointment, which can be defined as a temporary appointment made during a congressional recess.

An ad-interim appointment is made by the President when Congress is not in session and is subject to confirmation by the Commission on Appointments upon its resumption. This power is crucial for ensuring the continuity of government functions, particularly in filling vacancies in key positions that might hamper governance if left unfilled.

2. Distinction between Ad-Interim and Regular Appointments

• Ad-Interim Appointment:

  • Made by the President while Congress is in recess.
  • Takes effect immediately and allows the appointee to assume office and discharge their duties pending the confirmation by the CA.
  • Valid until the CA disapproves or until Congress adjourns again without final action on the appointment.
  • Can be reappointed if bypassed or disapproved, as long as constitutional provisions are observed.

• Regular Appointment:

  • Made when Congress is in session.
  • Requires prior submission to the CA for approval before the appointee can take office.
  • The appointee cannot perform the functions of the office until confirmation.

3. Mechanics and Operation of Ad-Interim Appointments

• Timing and Necessity: Ad-interim appointments are necessary to avoid a vacuum in critical government positions, especially in constitutional commissions, the judiciary, and other agencies requiring uninterrupted functions.
• Effectivity: The appointee immediately assumes the position once appointed, exercising the full powers of the office. However, the appointment remains subject to CA confirmation.
• Confirmation Process: Once Congress reconvenes, the appointment is submitted to the CA for confirmation. If confirmed, the appointment becomes permanent.
• Non-Confirmation: If the CA disapproves or bypasses the appointment, the appointee’s term ends. Despite non-confirmation, the President may reappoint the same individual multiple times, provided the CA has not explicitly disapproved the individual’s appointment.

4. Constitutional and Jurisprudential Framework

Several key jurisprudential rulings define the parameters of ad-interim appointments:

• Matibag v. Benipayo (G.R. No. 149036, April 2, 2002): The Supreme Court held that ad-interim appointments are temporary but effective immediately, subject to confirmation by the CA. The Court ruled that ad-interim appointments are distinct from regular appointments. It also affirmed the President’s power to renew or issue new ad-interim appointments when bypassed by the CA.

• Paredes v. Executive Secretary (G.R. No. 131325, July 19, 1999): This case involved the revocation of ad-interim appointments. The Supreme Court reiterated the principle that an ad-interim appointment, being effective immediately, can be disapproved by the CA. However, disapproval should be explicit and not merely implied by bypass. An ad-interim appointee cannot be removed simply because they have not yet been confirmed.

• Sarmiento v. Mison (G.R. No. 79974, December 17, 1987): The case involved appointments to the Bureau of Customs, and the Court clarified that positions requiring confirmation by the CA include heads of bureaus, offices, and other government entities. However, ad-interim appointments made by the President during a recess are valid until rejected by the CA.

5. Limitations on Ad-Interim Appointments

• Prohibition During Election Period: Under Section 15, Article VII of the Constitution, the President is prohibited from making appointments two months immediately before the next presidential elections and up to the end of the President's term. This applies to regular appointments as well as ad-interim appointments, with exceptions for temporary appointments to executive positions when continued vacancies may prejudice public service or endanger public safety.

• Resignation and Vacancy: An ad-interim appointee holds the position only until such time as their appointment is acted upon by the CA. If bypassed, disapproved, or upon the appointee’s resignation, the position becomes vacant, and the President may choose to make another appointment.

6. Significance and Implications of Ad-Interim Appointments

The system of ad-interim appointments plays a critical role in the stability and continuity of government operations by preventing the paralysis of critical government offices during congressional recesses. It allows the President to respond swiftly to emerging governance needs without waiting for the legislative branch to reconvene.

Nevertheless, this power must be exercised within the bounds of the Constitution to avoid abuse. The requirement for CA confirmation ensures a system of checks and balances, providing a mechanism to assess the qualifications and fitness of individuals for key positions in government.

In sum, ad-interim appointments are a constitutionally enshrined power of the President that ensures the uninterrupted functioning of the government while maintaining accountability through the confirmation process by the Commission on Appointments.