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Pimentel Jr. vs Ermita

FACTS:  While Congress was in session, due to vacancies in the cabinet,then president Gloria Macapagal-Arroyo (GMA) appointed Arthur Yap et

al as secretaries of their respective departents! "hey were appointedin an acting capacity only! #enator A$uilino %ientel together with &other senators 'led a coplaint against the appointent of Yap et al!%ientel averred that GMA cannot ae such appointent without theconsent of the Coission on Appointent that, in accordance with#ection *+, Chapter , oo ./ of 01ecutive 2rder 3o! 4, only theundersecretary of the respective departents should be designated inan acting capacity and not anyone else!

  2n the contrary, then 01ecutive #ecretary 0duardo 0rita averredthat the president is epowered by #ection *5, Article /.. of the *46&

Constitution to issue appointents in an acting capacity to departentsecretaries without the consent of the Coission on Appointentseven while Congress is in session! 7urther, 02 4 itself allows thepresident to issue teporary designation to an o8cer in the civilservice provided that the teporary designation shall not e1ceed oneyear! 

9uring the pendency of said case, Congress ad:ourned and GMAissued ad interi appointents re-appointing those previouslyappointed in acting capacity!

ISSUE:  Whether or not the appointents ade by e1 %GMA is valid!

RULING: Yes! "he arguent raised by 0rita is correct! 7urther, 02 4 itself 

provided the safeguard so that such power will not be abused hencethe provision that the teporary designation shall not e1ceed one year!.n this case, in less than a year after the initial appointents ade byGMA, and when the Congress was in recess, GMA issued the ad interiappointents ; this also proves that the president was in good faith!

  .t ust also be noted that cabinet secretaries are the alter egos of the president! "he choice is the president

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  "he o8ce of a departent secretary ay becoe vacant whileCongress is in session! #ince a departent secretary is the alter ego of the %resident, the acting appointee to the o8ce ust necessarily havethe %resident