Political Law, 2011 Bar — Question 96

MULTIPLE CHOICE

Since the Constitution is silent as to who can appoint the Chairman of the Commission on Human Rights, the President appointed W to that position without submitting his appointment to the Commission on Appointments for confirmation. Is W’s appointment by the President valid? (A) No, since the position of Chairman of the Commission was created by statute, the appointment of its holder requires the consent of Congress. (B) Yes, since the power to appoint in the government, if not lodged elsewhere, belongs to the President as Chief Executive. (C) Yes, since the power to fill up all government positions mentioned in the Constitution has been lodged in the President. (D) No, because absent any express authority under the Constitution, the power to appoint does not exist.

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