2014 (Political Law) Bar Exam Questions: Question 7

[Answer/discuss the question below. Or see 2014 bar exam Political Law Instructions; 2014 Political Law Questions: 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

VII.

Margie has been in the judiciary for a long time, starting from the lowest court. Twenty (20) years from her first year in the judiciary, she was nominated as a Justice in the Court of Appeals. Margie also happens to be a first-degree cousin of the President. The Judicial and Bar Council included her in the short-list submitted to the President whose term of office was about to end – it was a month before the next presidential elections. Can the President still make appointments to the judiciary during the so-called midnight appointment ban period? Assuming that he can still make appointments, could he appoint Margie, his cousin? (4%)

One comment

  1. Yes. The SC has ruled that appointments to the Judiciary are not covered by the ban on midnight appointments.

    Yes. The President’s appointments to the judiciary are not covered by and included among those public positions which the 1987 Constitution expressly prohibits the President, during his tenure, to make therein as appointees his spouse and relatives within the 4th civil degree of consanguinity or affinity.

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