16 Scra 379 1996 [Ad Interim Appointments]
FACTS:
On November 25, 1965, Onofre Guevara took his oath as an
Undersecretary of Labor after his appointment was extended ad interim on
November 22, 1965. The appointment was questioned by Rauol Inocentes on the
ground that Guevara’s appointment ceases to be valid after each term of
Congress. At around midnight of January 22, 1966, the Senate adjourned its
session. The House of Representatives continued its session and adjourned upon
learning the Senate’s adjournment. In the case of Guevara’s appointment,
Congress, through the Commission on appointments has not acted on it while the
special session is being conducted.
ISSUE:
Whether the ad interim appointment of Onofre P. Guevara is
valid.
RULING:
Art. VII, Sec. 10, Subsection 4 of the 1935 Constitution:
"the President shall have the power to make appointments during the recess
of the Congress, but such appointment shall be effective only until disapproval
by the Commission on Appointments or until the next adjournment of
Congress"
The validity of an ad interim appointment shall be allowed
when (a) until disapproval of the Commission on Appointments and (b)
adjournment of Congress, whether special or regular session. In this case, the
second mode of termination took effect when the Congress adjourned sine die at
about midnight of January 22, 1966 which made the appointment of petitioner
Guevara ineffective. The contention that the Commission on Appointments should
be first organized before the second mode can be made effective is untenable
because they are two different and separate modes of termination.
Since the termination of ad interim appointment
cannot be separated, the well-known maxim in statutory construction applies.
Ubi lex non distinguit nec nos distinguire debemus.
