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All Jurisprudence based

0 tracked cards Political and Public International Law

The Governor of Province Nueva designates Ms. Dizon as Acting Provincial Engineer to fill a vacancy caused by the retirement of the former officer. The designation is in writing for 45 days, stating: “Ms. Dizon shall act as Provincial Engineer for the next 45 days or until a permanent appointment is made, whichever comes first.” After 45 days, the Governor issues a second written designation extending the acting appointment for 30 days under the same terms. During the period of the acting appointment, Ms. Dizon signs a contract with Apex Construction for roadworks worth 14 million. The Civil Service Commission has not issued any directive affecting this case. (a) Identify the mode and kind of appointment created by the initial designation and by the extension. (b) Analyze whether Ms. Dizon had authority to sign the roadworks contract. (c) If the extension is invalid, what is the effect on the contract and what remedies would the government or the contractor have?

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Both the initial designation and the extension create acting appointments to fill a vacancy; Ms. Dizon had authority to sign the roadworks contract; If the extension is invalid, the contract is void ab initio and the government may rescind the contract or the contractor may sue for damages. The initial designation creates an acting appointment, while the extension creates a provisional appointment; the extension, being a separate action, validates the contract regardless of its duration; if the extension is invalid, the contract remains valid because the initial acting period covered the act. The initial designation creates an acting appointment; the extension results in a new permanent appointment; The contract is valid; If the extension is invalid, the contract remains valid due to ratification by the Governor. The initial designation constitutes a permanent appointment; the extension is merely ceremonial; Ms. Dizon had no authority to sign; The contract is void; remedy: none.

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