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Midnight appointers: Garcia (1961), GMA (2010) ZOOMING IN Rudy Romero 02/03/2010

Wednesday, February 3, 2010


Midnight appointers: Garcia (1961), GMA (2010)


ZOOMING IN
Rudy Romero
02/03/2010

One of the powers enjoyed by a person by virtue of his being elected president of the Philippines is the power to make appointments to positions in the three branches of the government. One of the key elements is that since a presidential term has a beginning and an end, it stands to reason (1) that a President can make appointments only during the period specifically allowed by the Constitution, i.e., six years minus the period between the last election day within his term and the term’s end, (2) that an appointment made by a President between election day and the end of his term in compliance with the law that requires that an appointment be made within 90 days of the occurrence of vacancy, will have a legal effect extending beyond the end of his or her term and (3) that appointments made by an outgoing President during the final weeks of his term reduce the incoming President’s ability to extend appointments to persons of his or her choice..... MORE


SourceThe Daily Tribune

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