1) There are only two kinds of appointments under the Administrative Code of 1987.

Discuss them in relation to provisional appointments and the guarantee of security of tenure. SAMPLE ANSWER: The Administrative Code of 1987 identifies two kinds of appointments, namely: (1) Temporary Appointment; and (2) Permanent appointments. A permanent appointment issued to a person who meets all the requirements for the appointed position, including appropriate eligibility prescribed by law, rules, and promulgated standards. A temporary appointment is issued to a person who meets all requirements for an appointed position, except the appropriate civil service eligibility. The temporary appointment shall not exceed 12 months, but may be replaced sooner if a qualified civil service eligible becomes available. This also refers to appointments to positions that are only needed for a limited period. A provisional appoinment is issued to a person who meets the requirements for appointment to a regular position in the competitive service, but has not qualified in an appropriate examination. Provisional appointments contemplate a situation where there is a vacancy that needs to be filled, but no appropriate register of eligles are available at the time of appointment. The Administrative Code of 1987 abolished provisional appointments, as it only recognizes temporary and permanent appointments. Also, upon the effectivity of RA 6040, which amended certain sections of the Civil Service Act of 1959, provisional appointments made prior to its approval in 1969, automatically became permanent appointments. The guaranty of security of tenure is available only to permanent appointees, and not to a temporary appointee, whose apointment ceases after 12 months or even earlier, once a qualified eligible becomes available. 2) Mr.Y is a Congressman who was recently elected. In celebration of his victory, he married his long-time sweetheart, Ms. X, who is a United States Citizen. A few weeks after their wedding, Congressman Y and his wife, started researching and arranging the paperwork for his immigration to the United States, so that once his tenure as Congressman is over, he can immediately settle in as a legal resident immigrant and eventual citizen of the United States. Knowing that immigration processing takes time, Congressman X wants to file his application immediately, while he is in a position of influence. As his lawyer, advise Congressman Y as to the best course of action. Cite relevant laws and/or Administrative law concepts to substantiate your position. SAMPLE ANSWER: While in office, Congressman Y should desist from acts in furtherance of his plans to immigrate to the United States. Citizenship is a continuing requirement to hold public office. Voluntary change of citizenship, or a change thereof by operation of law, disqualfies him from continuing to hold the position to which he had qualified and had been appointed or elected. Even if he does not acquire immigrant status or citizenship while he is in office, the policy on change of citizenship, as found in E.O. 292, Chap IX, Sec. 33, states that public officers and employees owe the Senate and the Constitution allegiance at all times, and that any public officer or employee who seeks to change his should not seek to change his his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.