Facts:

Gabriel C. Singson was appointed Governor of the Bangko Sentral by President Fidel V. Ramos. Jesus Armando Tarrosa, as a "taxpayer", filed a petition for prohibition questioning the appointment of Singson for not having been confirmed by the Commission on Appointments (CA). Tarrosa invoked Section 6 of Republic Act No. 7653 which provides that the Governor of the BSP if appointed is subject to the confirmation of the CA.

In his comment, Singson claimed that the Congress exceeded its legislative powers in requiring the confirmation by the CA of the appointment of the Governor of the Bangko Sentral. He contended that an appointment to the said position is not among the appointments which have to be confirmed by the Commission on Appointments, citing Section 16 of Article VI of the Constitution.

Issues:

  1.  Whether or not Tarrosa has the locus standi to challenge the appointment.
  2.  Whether or not the Governor of the BSP is subject to COA’s confirmation.

Held:

1. Tarrosa has no legal standing to question the appointment. The petition is in the nature of a quo warranto proceeding as it seeks the ouster of respondent Singson and alleges that the latter is unlawfully holding or exercising the powers of Governor of the Bangko Sentral. Such a special civil action can only be commenced by the Solicitor General or by a "person claiming to be entitled to a public office or position unlawfully held or exercised by another."

In Sevilla v. Court of Appeals, 209 SCRA 637 (1992), the court held that the petitioner therein, who did not aver that he was entitled to the office of the City Engineer of Cabanatuan City, could not bring the action for quo warranto to oust the respondent from said office as a mere usurper.

Likewise in Greene v. Knox, 175 N.Y. 432 (1903), 67 N.E. 910, it was held that the question of title to an office, which must be resolved in a quo warranto proceeding, may not be determined in a suit to restrain the payment of salary to the person holding such office, brought by someone who does not claim to be the one entitled to occupy the said office.


2. Appointment to the position of the Governor of the BSP is not one of those that need confirmation by the Commission on Appointments. Congress cannot by law expand the confirmation powers of the Commission on Appointments and require confirmation of appointment of other government officials not expressly mentioned in the first sentence of Section 16 of Article VII of the Constitution. (Tarrosa vs. Singson, G.R. No. 111243, May 25, 1994)