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Pacete vs. Secretary of the Commission on Appointments, et al.

FELIZARDO S. PACETE, petitioner, vs. THE SECRETARY OF THE COMMISSION ON APPOINTMENTS CONGRESS OF THE PHILIPPINES, THE SECRETARY OF JUSTICE & THE DISBURSING OFFICER OF THE DEPARTMENT OF JUSTICE, respondents.

G.R. No. L-25895 | 1971-07-23

D E C I S I O N


FERNANDO, J:

The question raised in this mandamus and prohibition proceeding, whether the filing of a motion for reconsideration with the Commission on Appointments, without its being thereafter acted on, suffices to set at naught a confirmation duly made of an ad interim appointment, is not a new one. That was put to us in Altarejos v. Molo. 1 As set forth in the opinion of the Chief Justice, the answer must be in the negative. The confirmation stands; it must be given force and effect. As we decided then, so we do now. As a consequence, petitioner, as will be more fully explained, has made out a case for mandamus and...