Technical Words with Technical MeaningGuada Fatima A. Hernandez

• Words that has, or have been used in, a technical sense or those that have been judicially construed to have a certain meaning should be interpreted according to the sense in which they have been previously used, although the sense may vary from strict or literal meaning of the words.

• The technical or legal not the ordinary or general meaning of a word used in a statute should be adopted in the construction of the statute, in the absence of any qualification or intention to the contrary to the contrary.

Matibag vs. Benipayo• On February 2, 1999, the COMELEC en

banc appointed petitioner as Acting Director IV of the EID. • On February 15, 2000, then Chairperson

Harriet renewed the appointment of the petitioner as Director IV of EID in “Temporary” capacity. • On February 15, 2001 the appointment

was again renewed in a temporary capacity.

• President Gloria Macapagal Arroyo then appointed, ad interim, Benipayo as COMELEC Chairman, Borra and Tuason as COMELEC commissioners. Each for a term of seven years and all expiring on February 2, 2008. The three took their oath and assumed the position of COMELEC Chairman and commissioners, respectively.

• On June 1, 2001, President Arroyo renewed again the ad interim appointments of the three for the same positions. In the process, the Office of the President transmitted the appointment papers of the three for confirmation. • However, the Congress adjourned

before the Commission on Appointments could act on the appointment. Thus, President Arroyo, on the third time, renewed again the ad interim appointments of the three.

• The Respondent in his capacity as Chairman issued a Memorandum designating Cinco as OIC of EID and reassigning Matibag to the Law Department.• Matibag requested Benipayo to

reconsider her relief as Director IV of EID and her reassignment to Law Department but the Respondent denied her request for reconsideration.

• Matibag appealed to the COMELEC en Banc and filed administrative and criminal complaint with the Law Department against Benipayo alleging that her reassignment is in violation of Sec. 261 (b) of the Ominibus Election Code; COMELEC Resolution No. 3258; Civil Service Memorandum Circular No. 07, 2001.

• The petitioner also questioned the appointment and right to remain in office of Benipayo, Borra and Tuason. The petioner contended that the appointment is violative of the Constitutional provision on the independece of the COMELEC and prohibition of temporary appointment.

Contentious Provisions:• Sec. 1 (2), Art IX- C

“ The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.”

• Art. 7, Sec. 16

“The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress.”

Contentious Provisions:

Issue:

• Whether or not the assumption of office by Benipayo, Borra and Tuason on basis of ad interim appointment issued by the President amounts to a temporary appointment prohibited by Sec 1 (2), Article 9-C of the Constitution

Held• No.

• An ad interim appointment is a permanent appointment because it takes effect immediately and can no longer be withdrawn by the President once the appointee has qualified into office.

• The Constitution itself makes an ad interim appointment permanent in character by making it effective until disapproved by Commission on Appointments or until next adjournment of Congress• Ad interim appointment is one made

in pursuance of Par. 4, Sec. 10, Article 7 of the Constitution.

• Ad-interim is used in letter of appointment signed by the President and bears a permanent appointment made by the President in the meantime that Congress is in recess it does not mean a temporary appointment that can be withdrawn or revoked at any time.

• The President did in fact appoint permanent commissioners to fill the vacancies in the COMELEC, subject only to the confirmation by the Commission on Appointments. Benipayo, Borra and Tuason were extended permanent appointments during the recess of Congress.

• The technical word in question is “Ad-interim”

• Ad interim in literal terms means in the mean time or for the time being.

• Ad interim in relation to the case at bar is not the appointment itself but the appointment made by the President in the mean time when the Congress is in recess.

Thank You.