Flashcards Studio

During the last nine days of President Y’s term, the President nominates Dr. L to be the Philippine Ambassador to Canada, a post that requires the advice and consent of the Commission on Appointments (CA). The CA is in recess and does not act before term ends. After the term ends, the CA reconvenes and subsequently confirms Dr. L’s appointment. (a) Identify the central doctrine governing “midnight appointments” and the controlling rule for appointments that require CA confirmation. (b) Distinguish how the rule applies to this office given the CA’s recess and later confirmation. (c) Apply the rule to the facts: Is Dr. L’s appointment valid, void ab initio, or valid only upon CA confirmation? Explain the consequences for the office and for third parties relying on the appointment.