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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWIV. JUDICIAL DEPARTMENTE. Supreme Court of the Philippines1. Composition - 1987 Constitution, Art. VIII, sec. 4

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Question

Composition of the Supreme Court of the Philippines - 1987 Constitution, Art. VIII, Sec. 4

In a landmark ruling, the Supreme Court of the Philippines rejected the appointment of a new Associate Justice made by the President. The President believes that he has the authority to appoint anyone qualified for the position, as long as they meet the constitutional requirements. On the other hand, the Judicial and Bar Council (JBC) asserts that the appointment should be made from the list of nominees submitted by the JBC, in accordance with the constitutional provisions.

Based on this scenario, answer the following questions:

  1. What is the Composition of the Supreme Court according to the 1987 Constitution?
  2. What is the significance of the role of the Judicial and Bar Council in the appointment of Supreme Court justices?
  3. What is the constitutional basis for the rejection of the President's appointment by the Supreme Court?

Answer

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