Log In Create Account

Philippine Bar review · Question

Practice question: Scope of Midnight Appointments

Multiple Choice Medium

Practice question

Before the ban begins, an appointment paper is prepared for an executive office that will become vacant only during the ban. No present vacancy or applicable exception exists. Which Velicaria-Garafil principle defeats reliance solely on the early paper?
  1. Public offices are always vacant.
  2. The appointee may create a vacancy by private declaration.
  3. A vacant position at the time of appointment is a required element.
  4. The requirement applies only to private employment.
  5. The printed date authorizes removal of any incumbent without law.

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

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