Philippine Bar review · Question

Practice question: Scope of Midnight Appointments

Multiple Choice Medium Jurisprudence

Practice question

A permanent executive appointment bears a date before the Section 15 ban, but the appointee admits first receiving and accepting it during the ban. No exception applies. Is the earlier printed date alone a complete answer under Velicaria-Garafil?
  1. Yes, the printed date conclusively proves all steps.
  2. No; receipt and acceptance are integral parts of the appointment process.
  3. Yes, acceptance is never required near an election.
  4. Yes, a date eliminates constitutional review.
  5. No, because all appointments are forbidden throughout every presidential term.

Legal references

  • Velicaria-Garafil v. Office of the President, G.R. Nos. 203372 et al., June 16, 2015, main decision: https://lawphil.net/judjuris/juri2015/jun2015/gr_203372_2015.html
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VII, Section 15.

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