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Practice question: Scope of Midnight Appointments

Multiple Choice Hard Jurisprudence

Practice question

An ordinary permanent executive appointment is signed before the election-period ban but remains in the President’s files. It is first transmitted, received and accepted during the ban. The appointee invokes a pre-ban signature and presents no temporary-appointment exception. Under the main decision in Velicaria-Garafil, which is best?
  1. The signature alone makes every later step irrelevant.
  2. The document may be treated as completed without delivery.
  3. The ban applies only to elected offices.
  4. The full appointment process was not completed before the ban, and the early signature alone does not save it.
  5. Acceptance during the ban automatically amends Section 15.

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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