Log In Create Account

Philippine Bar review · Question

Practice question: Scope of Midnight Appointments

Multiple Choice Hard Jurisprudence

Practice question

The presidential election has concluded, but the outgoing President's term has not ended. During the constitutional prohibited period, the President appoints a political supporter permanently to a vacant executive bureau office. No temporary appointment is made. The appointee argues that the ban ended when voting concluded and that expertise establishes public-service necessity. Which conclusion is correct under Article VII, Section 15?
  1. The appointment is valid because every ban ends on election day
  2. The appointment is valid because expertise creates a separate exception
  3. The appointment is valid because political supporters are exempt
  4. The appointment is prohibited: the period continues until term-end, and the temporary-appointment exception is not met
  5. The appointment automatically converts into a temporary appointment upon challenge

Legal references

  • 1987 Constitution, Article VII, Section 15, appointment prohibition and temporary executive exception: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353

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