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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWV. CONSTITUTIONAL COMMISSIONS (1987 Constitution, Art. IX)B. Composition and Qualifications of Members (1987 Constitution, Art. IX-B, sec. 1, Art. IX-C, sec. 1, Art. IX-D, sec. 1)

Question

Subject: Constitutional Commissions (1987 Constitution, Art. IX)

Topic: Composition and Qualifications of Members (1987 Constitution, Art. IX-B, sec. 1, Art. IX-C, sec. 1, Art. IX-D, sec. 1)

Scenario 1:

Marvin, a seasoned lawyer, was recently appointed as a member of the Constitutional Commission. He has served for a few years and is known for his extensive knowledge and experience in constitutional law. However, a controversy arises when it is discovered that Marvin has a pecuniary interest in a company that may benefit from certain decisions made by the Commission. Critics argue that this violates the qualifications set forth in the 1987 Constitution.

Question:

Does Marvin's pecuniary interest disqualify him from being a member of the Constitutional Commission? Discuss the relevant provisions of the 1987 Constitution and provide arguments supporting your answer.

Scenario 2:

The Constitutional Commission is composed of individuals with diverse backgrounds and expertise. Each member is required to have a certain level of qualifications to ensure their effectiveness and impartiality in carrying out their duties. However, a vacancy arises when one of the members resigns due to health reasons. The Commission is tasked with appointing a replacement.

Question:

What are the qualifications that the Commission should consider in appointing a new member? Cite the relevant provisions of the 1987 Constitution and provide a rationale for each qualification.

Scenario 3:

During a regular meeting of the Constitutional Commission, one of the members is absent without valid reason. This member has been consistently absent without leave for several important sessions. Other members express concern about the impact of this absenteeism on the Commission's work. They want to take action to address this issue.

Question:

What measures can the other members of the Constitutional Commission undertake to address the absenteeism of a fellow member? Discuss the options available under the 1987 Constitution and the potential implications of each course of action.




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Bar Review Question: Subject: Constitutional Commissions (1987 Constitution, Art. IX) Topic: Composition and Qualificat