Log In Create Account

Philippine Bar review · Question

Practice question: Confirmation by Commission on Appointments

Multiple Choice Medium Jurisprudence

Practice question

A law vests appointment of a lower-ranked officer in the President alone, within the category Congress may assign under Article VII, Section 16. The office is not within a constitutional confirmation category. Is Commission on Appointments consent indispensable merely because the President signs the appointment?
  1. Yes; signature alone triggers confirmation for every office.
  2. No; the constitutional category, rather than signature alone, controls the confirmation requirement.
  3. Yes; all lower-ranked appointments require a plebiscite.
  4. No, because the officer is therefore outside all legal qualifications.
  5. Yes; Congress can never vest lower-ranked appointments in the President alone.

Legal references

  • 1987 Constitution, Article VII, Section 16: https://lawphil.net/consti/cons1987.html
  • Sarmiento III v. Mison, G.R. No. L-79974, December 17, 1987, main decision: https://lawphil.net/judjuris/juri1987/dec1987/gr_l-79974_1987.html

Answer this question in flashcards to review your response and continue practicing.