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Question VI-A, Political Law, 2017 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

Question VI-A, Political Law, 2017 Bar Exam

The President appoints the Vice President as his Administration’s Housing Czar, a position that requires the appointee to sit in the Cabinet. Although the appointment of the members of the Cabinet requires confirmation by the Commission on Appointment (CA), the Office of the President does not submit the appointment to the CA. May the Vice President validly sit in the Cabinet? (2.5%)

Suggested Answer:

Yes. Answer

Under the 1987 Constitution, the Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation. Rule

In the case at bar, the President appointed the Vice-President as the Administration’s Czar resulting in the Vice-President becoming a Member of the Cabinet. As provided in the Constitution, the appointment does not require confirmation by the Commission on Appointments. Apply

Thus, the Vice President may validly sit in the Cabinet. Conclusion

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