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Unformatted text preview: to those appointments made within two months preceding the Presidential election and are similar to those which are declared election offenses in the Omnibus Election Code; and 2. Those made for partisan considerations – consists of the so‐called “midnight” appointments. (In Re: Hon. Mateo A. Note: Acting appointments cannot exceed one year. (Section 17[3], Chapter 5, Title I, Book III of EO 292). Q: May an appointment be the subject of a judicial review? A: Generally, no. Appointment is a political question. So long as the appointee satisfies the minimum requirements prescribed by law for the 48 POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. EXECUTIVE DEPARTMENT Valenzuela and Hon. Placido B. Vallarta, A.M. No. 98‐5‐01‐SC Nov. 9, 1998) Q: Does an outgoing President have the power to appoint the next Chief Justice within the period starting two months before the presidential elections until the end of the presidential term? Discuss thoroughly. A: Yes. Article VII is devoted to the Executive Department, and, among others, it lists the powers vested by the Constitution in the President. The presidential power of appointment is dealt with in Sections 14, 15 and 16 of the Article. Article VIII is dedicated to the Judicial Department and defines the duties and qualifications of Members of the Supreme Court, among others. Section 4(1) and Section 9 of this Article are the provisions specifically providing for the appointment of Supreme Court Justices. In particular, Section 9 states that the appointment of Supreme Court Justices can only be made by...
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This document was uploaded on 03/12/2014.

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