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Section 14: Appointments extended by an acting President shall remain effective, unless

revoked by the elected President within 90 days from his assumption or reassumption of
office

(1) Powers and Functions of Acting President


An acting President exercises the powers and functions of the Office of the President
until a President shall have qualified or shall have been elected and qualified, or his
temporary incapacity shall have terminated.
He is not the incumbent President.
There is only a temporary vacancy.
(2) Revocation by elected President of the appointments
Appointments extended by an Acting President are naturally valid and effective.
However, the elected President is given the power to revoke them.
He must make the revocation within 90 days from his assumption or reassumption of
office.

Section 15: Two months immediately before the next presidential elections and up to the
end of his term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein will
prejudice public service or endanger public safety.

(1) Prohibited if made within two (2) months before


Appointments are prohibited within 2 months:
o preceding the date of the next presidential election and thereafter until the
expiration of the term of the incumbent President or the tenure of the Acting
President
o Mass Midnight
or
Midnight Appointments
o President Carlos P. Garcia (AYTONA VS. CASTILLO, 4 SCRA 1)
President Gloria Macapagal-Arroyo
(2) Exceptions
o Temporary in nature
o To executive positions
o Urgent in the interest of public service or public safety
(3) Allowed if made more than two (2) months before

Principles (Sections 14 & 15)

1) Since the power to appoint is executive in nature, Congress cannot usurp this function.

2) While Congress (and the Constitution in certain cases) may prescribe the qualifications for
particular offices, the determination of who among those who are qualified will be appointed is
the Presidents prerogative.

Procedure:
1) CA confirmation needed:

a) Nomination by President

b) Confirmation by CA

c) Appointment by President; and

d) Acceptance by appointee.

Note: At any time before all four steps have been complied with, the President can withdraw the
nomination/appointment.

2) No CA confirmation:

a) Appointment; and

b) Acceptance.

Note: Once appointee accepts, President can no longer withdraw the appointment.

Ad-interim appointments:

1) When Congress is in recess, the President may still appoint officers to positions subject to
CA confirmation.
2) These appointments are effective immediately, but are only effective until they are
disapproved by the CA or until the next adjournment of Congress.

3) Appointments to fill an office in an acting capacity are NOT ad-interim in nature and need
no CA approval.

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