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Philippine Bar review · Question

Practice question: Scope of Midnight Appointments

Multiple Choice Medium Jurisprudence

Practice question

Within the Article VII, Section 15 period, the President fills an ordinary executive vacancy through a permanent appointment. Counsel proves that continued vacancy would prejudice public service and relies only on the express Section 15 exception. Is that enough?
  1. Yes, because public-service need makes any appointment temporary
  2. Yes, because the President can disregard the appointment's permanent character
  3. No, because the express exception requires a temporary executive appointment
  4. Yes, because ordinary executive vacancies are outside Section 15
  5. No, because the exception is limited exclusively to danger to public safety

Legal references

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

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