Philippine Bar review · Question

Practice question: Scope of Midnight Appointments

Multiple Choice Hard Jurisprudence

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?
  1. Every legal job is an appointment to the Judiciary.
  2. De Castro’s judicial-appointment holding does not convert an executive legal office into a judgeship.
  3. Section 15 applies only to nonlawyers.
  4. A professional license automatically creates a constitutional exemption.
  5. 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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