Philippine Bar review · Question

Practice question: Privileges, Inhibitions, and Disqualifications

Multiple Choice Hard

Practice question

The President’s spouse is proposed for appointment to head a subsidiary of a government-controlled corporation during the President’s tenure. The relationship, the head-of-office role and the subsidiary’s government-controlled character are admitted. The only defense is that subsidiaries are never covered by Article VII, Section 13. Which conclusion is correct?
  1. Subsidiaries are categorically excluded by the text.
  2. The spouse’s qualifications automatically repeal the appointment restriction.
  3. The defense fails because the special prohibition expressly includes government-owned or controlled corporations and their subsidiaries within the stated offices.
  4. The prohibition covers only foreign government corporations.
  5. A board vote removes the spouse from the constitutional category.

Legal references

  • 1987 Constitution, Article VII, Sections 6 and 13: https://lawphil.net/consti/cons1987.html

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