Philippine Bar review · Question

Practice question: Power to Confirm Certain Presidential Appointments

Multiple Choice Hard Jurisprudence

Practice question

A Vice-President is appointed to the Cabinet under Article VII, Section 3. The Commission on Appointments demands confirmation, reasoning that ordinary department heads require its consent. No separate issue concerning qualifications or simultaneous incompatible office is raised. Which assessment best applies the specific constitutional text?
  1. General department-head rules always override every specific exception
  2. A provincial council must resolve the dispute
  3. The express no-confirmation rule for the Vice-President’s Cabinet appointment controls
  4. The appointment is necessarily a judicial appointment
  5. The Vice-President must first resign merely to avoid confirmation

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VII, Sections 3 and 16.

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