Practice question
A qualified JBC nominee is appointed to a lower-court judgeship during the Article VII, Section 15 period. All other constitutional appointment requirements are satisfied. Explain whether the appointment is invalid under that provision and whether De Castro dispenses with JBC nomination.
Legal references
- 1987 Constitution, Article VII, Section 15, appointment prohibition and temporary executive exception: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
- De Castro v. Judicial and Bar Council, G.R. No. 191002 and consolidated cases, March 17, 2010, main opinion, exclusion of judicial appointments from Article VII, Section 15: https://lawphil.net/judjuris/juri2010/mar2010/gr_191002_2010.html
- 1987 Constitution, Article VIII, Sections 4(1) and 9, judicial vacancies and JBC nominations: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
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