Practice question
During the Article VII, Section 15 period, a lower-court judgeship is vacant. The JBC submits a valid list of at least three nominees. The President appoints a qualified nominee, satisfying the other constitutional requirements. A challenger relies solely on the midnight-appointment ban and cites the older Valenzuela rule. Under De Castro's main holding, what is the proper answer?
- The appointment is necessarily void because De Castro excludes only executive appointments
- The appointment is necessarily void because lower-court judges require Commission on Appointments confirmation
- The appointment is valid only if converted into a temporary executive designation
- The older Valenzuela application remains controlling over De Castro
- The Article VII, Section 15 challenge fails because De Castro excludes judicial appointments, including lower-court appointments
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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