All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ III. EXECUTIVE DEPARTMENT ▸ C. Power of Appointment (1987 Constitution, Art. VII, secs. 13, 15 and 16) ▸ 3. Midnight Appointments

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Question: Power of Appointment - Midnight Appointments

Scenario:

President Rodriguez has recently completed his term and the newly-elected President Santos has just taken office. In the last month of Rodriguez's term, he made several appointments to important government positions, including those in the judiciary.

Based on the provisions of the 1987 Constitution (Article VII, Sections 13, 15, and 16) regarding the power of appointment and the prohibition on midnight appointments, answer the following questions:

Are the appointments made by President Rodriguez during the last month of his term considered midnight appointments? Explain your answer.
What is the rationale behind the prohibition on the appointment of public officials during the so-called midnight appointments period?
Can President Santos revoke or invalidate the appointments made by President Rodriguez during the last month of his term? Explain your answer.

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