FACTS
The petioner, Onofre Guevara, was extended an
ad interim appointment as Undersecretary of Labor by the former Executive. The
as interim appointment for the same position was also extended to respondent by
the incumbent Executive, seeking the former appointment invalid by virtue of
Memorandum Circular No. 8 declaring all ad interim appointments made by the
former Executive as having lapsed with the adjournment of the special session
of Congress. The petitioner brought before the Court of the petition on the
ground that under Article VII, Section 10 (4) of the Constitution, petitioners
ad interim appointment is valid and permanent and may only become ineffective
upon the adjournment of the regular session of Congress.
ISSUE
Whether or not the term
adjournment is construed to be applied on regular sessions of Congress.
HELD
No. It is true that the
provision of the Constitution with phrase “until the next adjournment of the
Congress “ does not make any reference to any specific session of the Congress,
- whether regular or special, - but such silence is of no moment, for it is
well-known maxin in statutory construction that when the law does not
distinguish we should not distinguish. Ubi lex non distinguit nec nos
distinguere debemus.
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