Question V, Political Law, 2018 Bar Exam

State whether or not the following acts are constitutional: (2% each)

(a) A law prescribing as qualifications for appointment to any court lower than the Supreme Court, Philippine citizenship, whether natural-born or naturalized, 35 years of age on the date of appointment, and at least eight years as a member of the Philippine Bar;

(b) A law requiring all candidates for national or local elective offices to be college degree holders;

(c) The designation by the President of an acting Associate Commissioner of the Civil Service Commission;

(d) The appointment by the President as Deputy Ombudsman of a lawyer who has been engaged in the practice of law for five years; and

(e) The nomination by a national party-list of a person who is not one of its bona fide members.

Suggested Answer:

(a) The law is unconstitutional. Such a law is inconsistent with the 1987 Constitution which requires that justices and/or judges of should be natural-born citizens.

(b) The law is unconstitutional with respect to national elective offices. Such a law is inconsistent with the 1987 Constitution which does not require a college degree as a qualification to run for national elective offices.

However, for local elective offices, such law is constitutional as qualifications for these positions are provided for by Statute via the Local Government Code. Accordingly, the Legislature may pass such a law to require such additional qualification.

(c) It is unconstitutional. The 1...