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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

Question: Power of Appointment - Midnight Appointments

In January 2023, the President of the Philippines signed an executive order creating a new government agency, the Department of Cybersecurity. The executive order appointed individuals to serve as the Secretary and Undersecretaries of the Department. However, the appointment came under scrutiny because it was made during the last month of the President's term.

Using the provisions of the 1987 Constitution, particularly Article VII, Sections 13, 15, and 16, analyze the validity of these appointments as "midnight appointments". Discuss the conditions or criteria that must be met in order for an appointment to be considered as such.

Provide a comprehensive explanation, taking into consideration the relevant legal provisions and any relevant jurisprudence on the issue.


Answer

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