Ad interim appointment is a permanent appointment because it takes effect

immediately. The fact that it is subject to confirmation does not alter its permanent
character. The Constitution imposes no condition on the effectivity of the ad
interim appointment. The appointee can at once assume office and exercise, as
a de jure officer, all the powers pertaining to the office. The appointment is
effective upon acceptance. (Matibag vs. Benpayo, April 2, 2002, G.R. No. 149036)

The prohibition against midnight appointments (60 days before the next
presidential election) seeks to avoid the abuse in the Presidents prerogative. It
seeks to avoid partisan efforts to fill up vacant positions irrespective of fitness and
other conditions, and thereby to deprive the new administration of an opportunity
to make corresponding appointments. (Aytona vs. Castilo, G.R. No. 209138)