Practice question
During the Section 15 period, the President permanently appoints a lawyer as a state solicitor in an executive office. The appointee says De Castro exempts the appointment because lawyers perform legal work. No other exception is invoked. Which answer is best?
- Every legal job is an appointment to the Judiciary.
- De Castro’s judicial-appointment holding does not convert an executive legal office into a judgeship.
- Section 15 applies only to nonlawyers.
- A professional license automatically creates a constitutional exemption.
- The President may label an executive office a court without legal change.
Legal references
- De Castro v. Judicial and Bar Council, G.R. No. 191002 et al., March 17, 2010, main decision: https://lawphil.net/judjuris/juri2010/mar2010/gr_191002_2010.html
- 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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