Practice question
For a vacant judgeship, the JBC validly submits three qualified nominees. The President prefers a qualified lawyer whose name is absent from the list. Does qualification alone permit appointing that lawyer to this vacancy?
- Yes, because JBC recommendations are optional suggestions
- Yes, if the lawyer has more experience than the listed nominees
- No; Article VIII, Section 9 requires choosing from the JBC list for that vacancy
- Yes, if the Commission on Appointments promises confirmation
- Yes, if the President files the appointment before the JBC objects
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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