2013 (Political Law) Bar Exam Questions: Essay Question 2

[Answer/discuss the question below. Or see Political Law Instructions; Political Law Essay Questions: 13, 4, 5, 6, 7, 8, 9, 10, 11 and 12; Political Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20. See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

II.

While Congress was in session, the President appointed eight acting Secretaries. A group of Senators from the minority bloc questioned the validity of the appointments in a petition before the Supreme Court on the ground that while Congress is in session, no appointment that requires confirmation by the Commission on Appointments, can be made without the latter’s consent, and that an undersecretary should instead be designated as Acting Secretary.

Should the petition be granted? (5%)

4 comments

  1. denied.

    under the law on public officer, the president is allowed to designate or appoint in an acting capacity any public officer/official or competent person to perform the functions of an office in the executive branch if there is vacancy if the said office.

    such appointment or designation of acting officer/official or competent does not require confirmation by the CoA as the same is for a limited duration only and until a permanent officer is duly-appointed therein.

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