Philippine Bar review · Question

Practice question: Privileges, Inhibitions, and Disqualifications

Multiple Choice Medium Jurisprudence

Practice question

The incumbent President’s first cousin, related by consanguinity within the fourth civil degree, is proposed for appointment as a department secretary during that President’s tenure. Supporters concede the relationship but rely on the cousin’s exceptional professional competence. What is the effect of Article VII, Section 13?
  1. Professional competence automatically creates an exception to the restriction.
  2. The restriction applies only to a spouse and never to cousins.
  3. The restriction applies only to appointments made after the President’s term.
  4. A department secretary is not among the covered offices.
  5. The appointment is prohibited despite the claimed competence because the relationship and office fall within the express restriction.

Legal references

  • 1987 Constitution, Article VII, Sections 3, 6 and 13: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Section 13, second paragraph.

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