Philippine Bar review · Question

Practice question: Eligibility and Qualification Requirements

Multiple Choice Hard

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?
  1. Every qualified person must be appointed simultaneously
  2. Minimum qualification is not itself the claimed automatic entitlement; lawful merit-and-fitness selection still matters
  3. Qualification standards prohibit comparing applicants
  4. The appointing authority may ignore all law
  5. 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

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