Flashcards Studio

During a Senate recess, the President appoints Atty. Maria Reyes as Secretary of Trade and Industry on an ad interim basis to fill a vacancy caused by the sudden death of the predecessor. The appointment states it is ad interim and valid only for the duration of the recess and until the Commission on Appointments acts on the nomination. The Senate reconvenes after several months and does not act for nearly a year; Reyes continues to discharge the functions of the office and incur expenditures. The CA eventually rejects the nomination. (a) Identify the governing doctrine on ad interim appointments and its operative rule. (b) Apply the doctrine to the facts: was Reyes’ ad interim appointment valid for the period after reconvening but before CA action, and what is the effect once the CA rejects it? (c) Distinguish how this scenario would differ if the appointment were made outside of a recess or if the CA had already confirmed the nomination before the recess ended.