POLITICAL LAW AND PUBLIC INTERNATIONAL LAW
VIII. LAW ON PUBLIC OFFICERS
C. Modes and Kinds of Appointment

Introduction to Public Officers

A public officer is an individual who holds a public office or position in the government, tasked with exercising public duties and functions. The term "public officer" applies broadly to any person holding a public position created by law, regardless of whether the position is permanent or temporary.

Appointment is a key process in the selection and designation of individuals to public office. This section covers the modes and kinds of appointments, key distinctions between them, the legal framework that governs them, and relevant jurisprudence.

1. Definition of Appointment

Appointment refers to the selection or designation of a person to hold public office, either in a permanent, acting, or temporary capacity. It is one of the primary methods by which individuals become public officers. The power of appointment is vested in certain officials and bodies as provided by law, such as the President of the Philippines, the judiciary, and other constitutional commissions.

The appointment process is central to the functioning of the executive branch and the civil service system in the Philippines. It is governed by both the Constitution and various statutes such as the Administrative Code of 1987 (Executive Order No. 292) and other relevant laws.

2. Modes of Appointment

The modes of appointment refer to the manner by which appointments are made, either with or without the need for confirmation by another body. The modes of appointment can be divided into two main categories:

Regular Appointment
Ad Interim Appointment

A. Regular Appointment

A regular appointment is one that is made while Congress is in session, and is subject to confirmation by the Commission on Appointments (CA) if the position so requires. This type of appointment is permanent, provided the appointee satisfies all legal and constitutional qualifications, including the necessary confirmation.

Key characteristics of regular appointments include:

Permanent in nature: A regular appointment gives the public officer security of tenure, especially in career positions within the civil service.
Subject to confirmation: For certain key government positions (e.g., heads of executive departments, ambassadors, officers of the armed forces from the rank of colonel or naval captain, and constitutional officers), the appointment is subject to confirmation by the Commission on Appointments.
Made during the session of Congress: Regular appointments are generally made while Congress is in session.

B. Ad Interim Appointment

An ad interim appointment is a temporary appointment made by the President while Congress is not in session. Since the Commission on Appointments is not in session to confirm or reject the appointment, the appointment is effective immediately but is subject to confirmation when Congress reconvenes.

Key features of ad interim appointments include:

Temporary in nature: Although the appointment is effective immediately, the appointee only holds office until the Commission on Appointments either confirms or disapproves the appointment.
Effective during recess: These appointments are made during the recess of Congress, allowing the President to fill urgent vacancies without waiting for the CA to reconvene.
Expires if not confirmed: The ad interim appointment ceases to be valid if the CA disapproves the appointment or if the appointee fails to obtain confirmation within the prescribed period after Congress reconvenes.
Distinct from an "acting appointment": An ad interim appointment is distinguishable from an acting appointment because it is intended to be permanent once confirmed, whereas an acting appointment is explicitly temporary.

Relevant Case: Calderon v. Carale (1992)

In Calderon v. Carale, the Supreme Court clarified that ad interim appointments are valid and effective upon the appointee's acceptance, even without prior confirmation by the Commission on Appointments. Such appointments are subject to confirmation only when Congress reconvenes.

3. Kinds of Appointment

The kinds of appointments depend on the nature of the position and the intention of the appointing authority. The following are the primary types of appointments:

Permanent Appointment
Temporary Appointment
Acting Appointment
Designations

A. Permanent Appointment

A permanent appointment refers to a regular appointment made to a public office where the appointee enjoys security of tenure, as provided by the Constitution or law. It is typically used for career positions within the civil service, meaning the individual appointed holds the position for an indefinite period, subject to the appointee's continued qualifications and good conduct.

Key features:

Security of tenure: The appointee cannot be removed except for cause, following due process.
Based on merit: Appointees usually pass through a merit-based system (e.g., civil service exams) to be considered for permanent positions.
Career positions: Permanent appointments typically involve career service positions, which are long-term and often require technical expertise.

B. Temporary Appointment

A temporary appointment, as the name suggests, is one made for a limited period, often to fill a vacancy temporarily. The appointee does not enjoy the same security of tenure as in a permanent appointment, meaning they can be removed at the discretion of the appointing authority.

Key features:

No security of tenure: The appointee serves at the pleasure of the appointing authority and can be replaced at any time without cause.
For a limited period: Temporary appointments are generally limited to cases where a permanent appointee is not available or has yet to be selected.
Acting capacity: Often, the appointment is made in an "acting" capacity while the government searches for a permanent appointee.

C. Acting Appointment

An acting appointment is a form of temporary appointment made for a position that is vacant, but the appointee serves only until a regular or permanent appointment is made. Acting appointees do not enjoy security of tenure, as their appointment is not meant to be permanent.

Key characteristics:

Temporary and conditional: The appointment is temporary, with the understanding that it will cease once a permanent appointee is selected.
No right to the position: An acting appointee has no legal claim to continue holding the position once a permanent appointment is made.

D. Designations

Designation refers to the imposition of additional duties on a public officer who already holds another position. It does not involve the appointment of a new individual to the post but merely the assignment of extra functions to someone already in public service.

Key features:

Concurrent duties: The individual performs the duties of two positions simultaneously.
No new compensation: Usually, no additional compensation is granted for the designation, as it is deemed part of the duties of the original office.
Not an appointment: Designation is not an appointment but merely an assignment of additional functions or duties.

4. Confirmation of Appointments

The Philippine Constitution requires that certain appointments be confirmed by the Commission on Appointments. These include, but are not limited to, appointments to the following positions:

Department Secretaries
Ambassadors, consuls, and other officers of the foreign service
Officers of the Armed Forces from the rank of colonel or naval captain
Chairpersons and members of constitutional commissions (e.g., Civil Service Commission, Commission on Audit, Commission on Elections)

The process of confirmation includes the submission of the appointment to the CA, which then conducts hearings, interviews, and deliberations to determine whether to confirm or reject the appointment. An appointment that requires confirmation but is not confirmed within the appropriate time frame is considered void.

5. Legal Framework

Appointments in the civil service are governed by a variety of legal instruments, including:

1987 Philippine Constitution: The Constitution outlines the general framework for appointments, including the roles of the President, Congress, and the CA.
Administrative Code of 1987 (Executive Order No. 292): This provides more specific guidelines on appointments within the executive branch and civil service.
Civil Service Law (Presidential Decree No. 807): This law, along with the Civil Service Rules and Regulations, establishes the legal basis for appointments in the civil service, including merit-based systems for career positions.

6. Jurisprudence on Appointments

Aguinaldo v. Santos (1991)

The Supreme Court held that an appointment is a process that begins with a nomination and culminates with acceptance of the office. This process must adhere to the constitutional requirements of merit and fitness.

Matibag v. Benipayo (2002)

This case addressed the issue of ad interim appointments and their validity during the recess of Congress. The Court reaffirmed the legitimacy of such appointments, provided they meet the requirements set out in the Constitution.

Conclusion

The law on public officers concerning appointments is fundamental to the proper functioning of the government. Appointments must be made following constitutional and statutory provisions to ensure that individuals who serve as public officers are qualified, capable, and subject to appropriate checks and balances. The distinction between regular, ad interim, permanent, temporary, and acting appointments, as well as the need for confirmation by the Commission on Appointments, ensures that the appointment process remains transparent and accountable, promoting the integrity of public service.