Practice question
Two applicants meet a position's minimum qualifications. One argues that meeting the minimum requirements necessarily creates a legal entitlement to appointment and removes all lawful selection discretion. No special priority or mandatory appointment rule is identified. Which is best?
- Every qualified person must be appointed simultaneously
- Minimum qualification is not itself the claimed automatic entitlement; lawful merit-and-fitness selection still matters
- Qualification standards prohibit comparing applicants
- The appointing authority may ignore all law
- A qualified applicant becomes the incumbent by filing a form
Legal references
- 1987 Constitution, Article VII, Sections 13 and 16; Article IX-B, Sections 2 and 7: https://lawphil.net/consti/cons1987.html
- CSC Resolution No. 2500358, April 30, 2025, 2025 ORAOHRA, Sections 9, 13 and 32-38: https://csc.gov.ph/phocadownload/userupload/hrpso/2025-ORAOHRA/2025%20ORAOHRA.pdf
Answer this question in flashcards to review your response and continue practicing.