MODES AND KINDS OF APPOINTMENT; ELIGIBILITY AND QUALIFICATIONS EXAM STUDY GUIDE
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Course
2024/2025
Institution
2024/2025
MODES AND KINDS OF APPOINTMENT;
ELIGIBILITY AND QUALIFICATIONS
EXAM STUDY GUIDE
CLASSIFICATION OF APPOINTMENT AS TO TERM - Answer-1. Permanent Appointment
2. Temporary Appointment
CLASSIFICATION OF APPOINTMENT AS TO TERM
1. Permanent Appointment - Answer-it is extended to a person possessing ...
a. the officer regularly appointed to the office is unable to perform his duties by reason of
illness, absence or any other cause; or
b. there exists a vacancy (REV. ADM. CODE. Book III, Chap, 5, Sec. 17)
the law expressly allows the President to make such acting appointment
Section 17, Chapter 5, Title I, Book of EO 292 states that the President may temporarily
designate an officer already in the government service or to perform the functions of an office
in the executive branch
thus, the President may even appoint in an acting capacity a person not yet in the government
service, as long as the President deems that person competent (Pimentel v. Ermita)
since a department secretary is the alter ego of the President, the acting appointed to the office
must necessarily have the President's confidence
thus, by the very nature of the office of a department secretary, the President must appoint in
an acting capacity a person of her choice even while Congress is in session
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