Practice question
A department fills a legally classified primarily confidential post and argues that the examination exception allows it to disregard every statutory qualification and every restriction on appointments. The governing law expressly retains specified qualifications. Which is best?
- The examination exception suspends all legislation
- The post becomes private employment
- Every appointment restriction disappears
- An exception from competitive examination is not universal exemption from the remaining legal requirements
- The appointee may select which laws apply
Legal references
- 1987 Constitution, Article IX-B, Section 2; Article XI, Section 1: https://lawphil.net/consti/cons1987.html
- CSC Resolution No. 2500358, 2025 ORAOHRA, Rules I-IV and relevant appointment provisions: https://csc.gov.ph/phocadownload/userupload/irmo/mc/2025/MC%20No.%2008%20s.%202025.pdf
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