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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWIII. EXECUTIVE DEPARTMENTC. Power of Appointment (1987 Constitution, Art. VII, secs. 13, 15 and 16)3. Midnight Appointments

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Question

Subject: Power of Appointment

Scenario:

President Rodrigo recently won the presidential election and is set to take office on June 30. However, just a few days before his term ends, he decides to make several appointments to key government positions. These appointments are commonly referred to as "midnight appointments," which are made during the period between the presidential elections and the assumption of a new president.

1. President Rodrigo appointed his personal friend, John, as the Chief Justice of the Supreme Court. John's qualifications for the position are questionable, and there are more qualified and experienced justices currently serving in the Supreme Court. Can this appointment be considered valid?

2. President Rodrigo also appointed his cousin, Maria, as the director of a government agency. Maria has no relevant experience or expertise in the field and is not known for her competence. Can this appointment be considered valid?

3. President Rodrigo appointed his former campaign donor, Richard, as the Secretary of Finance. Richard has a successful business background but lacks the necessary qualifications and knowledge in economics and finance. Can this appointment be considered valid?

4. President Rodrigo appointed his trusted political ally, Alex, as the head of a government corporation. It is widely known that Alex has been involved in several corruption cases in the past. Can this appointment be considered valid?


Answer

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