Philippine Bar review · Question

Practice question: Scope of Midnight Appointments

Multiple Choice Hard Jurisprudence

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?
  1. The appointment is necessarily void because De Castro excludes only executive appointments
  2. The appointment is necessarily void because lower-court judges require Commission on Appointments confirmation
  3. The appointment is valid only if converted into a temporary executive designation
  4. The older Valenzuela application remains controlling over De Castro
  5. 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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