Philippine Bar review · Question

Practice question: Judicial and Bar Council

Multiple Choice Medium Jurisprudence

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?
  1. Yes, because JBC recommendations are optional suggestions
  2. Yes, if the lawyer has more experience than the listed nominees
  3. No; Article VIII, Section 9 requires choosing from the JBC list for that vacancy
  4. Yes, if the Commission on Appointments promises confirmation
  5. 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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