Philippine Bar review · Question

Practice question: Ad Interim Appointments

Multiple Choice Easy Jurisprudence

Practice question

Does the recess-appointment clause in Article VII, Section 16 distinguish between voluntary and compulsory congressional recesses by excluding voluntary recesses?
  1. Yes; voluntary recesses are expressly excluded.
  2. Yes; only a recess caused by war is covered.
  3. No; the text covers recess whether voluntary or compulsory.
  4. Yes; appointments are allowed only during impeachment.
  5. No; Congress must never be in recess for the clause to apply.

Legal references

  • 1987 Constitution, Article VII, Section 16: https://lawphil.net/consti/cons1987.html
  • Matibag v. Benipayo, G.R. No. 149036, April 2, 2002, main decision: https://lawphil.net/judjuris/juri2002/apr2002/gr_149036_2002.html

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