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Philippine Bar review · Question

Practice question: Modes of Acquiring Title to Public Office

Multiple Choice Hard

Practice question

A lawyer appears on the JBC shortlist for a vacant lower-court judgeship. No presidential appointment has been issued. The lawyer prints a self-prepared appointment certificate, takes an oath before a friend and claims that nomination plus an oath confers the office. Under Article VIII, Section 9, which is correct?
  1. JBC nomination alone necessarily appoints every shortlisted candidate.
  2. An oath can replace the constitutional appointing authority.
  3. Every eligible lawyer acquires every vacant judgeship automatically.
  4. A private certificate has the same authority as presidential appointment.
  5. The shortlist and self-prepared documents do not replace the required presidential appointment from the JBC list.

Legal references

  • 1987 Constitution, Article VIII Section 9: https://lawphil.net/consti/cons1987.html

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