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Philippine Bar review · Question

Practice question: Power to Confirm Certain Presidential Appointments

Multiple Choice Hard Jurisprudence

Practice question

Congress is in session. The President nominates a new Secretary of Foreign Affairs through the ordinary appointment process. The nominee is experienced and has the support of every Cabinet member. An adviser argues that Cabinet support replaces Commission on Appointments consent because departmental leadership concerns only the executive. Assume no ad interim appointment or other exceptional appointment issue. Which response follows from Article VII, Section 16?
  1. Cabinet unanimity is legally identical to Commission consent.
  2. Department heads are among the appointments for which Commission consent is expressly required.
  3. Professional experience exempts a nominee from the constitutional process.
  4. Only a nationwide referendum can authorize the regular appointment.
  5. The Senate President may personally supply the Commission's collective consent without a Commission vote.

Legal references

  • 1987 Constitution, Article VI, Section 18, and Article VII, Section 16: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353

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