Practice question
A lawyer is appointed as a regular JBC Member without Commission on Appointments consent. The executive defends the omission by citing Article VIII, Section 9, which says judicial appointments need no confirmation. The lawyer has not been appointed to any court. Which answer is correct?
- The defense conflates different appointments: Section 8(2) requires consent for regular JBC Members, while Section 9 removes confirmation for judicial appointments
- Every office connected with courts is exempt from confirmation
- The exemption applies because the appointee is a lawyer
- Commission consent is required only if the Chief Justice objects
- The JBC may waive the consent requirement by majority vote
Legal references
- 1987 Constitution, Article VIII, Sections 8 and 9, Judicial and Bar Council and judicial appointments: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
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