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GUVERA VS INOCENTES
Posted by kaye lee on 11:51 PM
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 Guevaras
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 Senates
adjournment. In the case of Guevaras 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.
Categories: 16 SCRA 379, Constitutional Law 1
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