2016 (Political Law) Bar Exam Questions: Question 13

[Answer/discuss the question below, or see 2016 bar exam Political Law Instructions; 2016 Political Law Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 1214, 15, 16, 17, 18, 19, and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-XIII-

While Congress was not in session, the President appointed Antero as Secretary of the Department of Tourism (DOT), Benito as Commissioner of the Bureau o f Immigration (BI), Clodualdo as Chairman o f the Civil Service Commission (CSC), Dexter as Chairman of the Commission on Human Rights (CHR), and Emmanuel as Philippine Ambassador to Cameroon. The following day, all the appointees took their oath before the President, and commenced to perform the functions of their respective offices.

[a] Characterize the appointments, whether permanent or temporary; and whether regular or interim, with reasons. (2.5%)

[b] A civil society group, the Volunteers Against Misguided Politics (V AMP), files suit, contesting the legality o f the acts o f the appointees and claiming that the appointees should not have entered into the performance of the functions of their respective offices, because their appointments had not yet been confirmed by the Commission on Appointments. Is this claim of VAMP correct? Why or why not? (2.5%)

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    1. Your answer to letter B is conflicting. Whether or not it is permanent, acting, or interim, the person once designated (officially, in writing by the President) can perform his/her duties. If they cannot do so, the purpose of the appointment is rendered useless. Why would you appoint when he/she cannot perform his/her duties?

      And confirmation does not signify the commencement of the person’s start of the performance of his/her duties.

      Your answer to (b) harped on the confirmation side, which is irrelevant to the case of VAMP, unless it was clearly stated that the officer STILL performed his/her duties even when a congress is in session.

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