Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in
the heads of departments, agencies, commissions, or boards. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress. (Art. VII, 1987 Constitution) |
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What appointments need confirmation by the Commission on Appointments?
Confirmation by the Commission on Appointments is required only for presidential appointees as mentioned in the first sentence of Section 16, Article VII of the 1987 Constitution:
(1) Heads of the executive departments
(2) Ambassadors, other public ministers and consuls
(3) Officers of the Armed Forces of the Philippines from the rank of colonel or naval captain
(4) Other officers whose appointments are vested in the President by the Constitution:
(2) Ambassadors, other public ministers and consuls
(3) Officers of the Armed Forces of the Philippines from the rank of colonel or naval captain
(4) Other officers whose appointments are vested in the President by the Constitution:
(a) Chairman and Commissioners of the Constitutional Commissions (Art. IX)
(b) Regular members of the Judicial and Bar Council (Art. VIII, Sec. 8[2])
(c) Sectoral congressional representative (Art. XVIII, sec 7) (N.B. no longer in force)
(b) Regular members of the Judicial and Bar Council (Art. VIII, Sec. 8[2])
(c) Sectoral congressional representative (Art. XVIII, sec 7) (N.B. no longer in force)
Note: Although the power to appoint Justices, judges, Ombudsman and his deputies is vested in the President, such appointments do not need confirmation by the Commission on Appointments
Why from rank of colonel. The provision hopefully will have the effect of strengthening civilian supremacy over the military. [Bernas Commentary, p 844 (2003 ed)]. To some extent, the decision of the Commission was influenced by the observation that coups are generally led by colonels.
Military officers. The clause “officers of the armed forces from the rank of colonel or naval captain” refers to military officers alone. Hence, promotion and appointment of officers of Philippine Coast Guard which is under the DOTC (and not under the AFP), do not need the confirmation of Commission on Appointments. (Soriano v. Lista, 2003) Also, promotion of senior officers of the PNP is not subject to confirmation of CA. PNP are not members of the AFP. (Manalo v. Sistoza, 1999)
Read:
Soriano v. Lista Case Digest
Manalo v. Sistoza Case Digest
Chairman of CHR. The appointment of the Chairman of the Commission on Human Rights is not provided for in the Constitution or in the law. Thus, there is no necessity for such appointment to be passed upon by the Commission on Appointments. (Bautista v. Salonga)
Read: Bautista v. Salonga Case Digest
Governor of the Bangko Sentral
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)
Read: Tarrosa vs. Singson Case Digest
Chairman and Members of the NLRC
The Chairman and Members of the NLRC are not among the officers mentioned in the first sentence of Section 16, Article VII whose appointments requires confirmation by the Commission on Appointments. (Calderon vs. Carale, GR No. 91636, April 23, 1992)
Read: Calderon vs. Carale Case Digest
Does an ad interim appointments apply to appointments solely for the President to make, i.e., without the participation of the CA?
No. Under the Constitutional design, ad interim appointments do not apply to appointments solely for the President to make, i.e., without the participation of the Commission on Appointments. Ad interim appointments, by their very nature under the 1987 Constitution, extend only to appointments where the review of the Commission on Appointments is needed. That is why ad interim appointments are to remain valid until disapproval by the Commission on Appointments or until the next adjournment of Congress; but appointments that are for the President solely to make, that is, without the participation of the Commission on Appointments, can not be ad interim appointments. (Bautista v. Salonga)
Can the President voluntarily submit appointments exclusively reserved for her by the Constitution to the Commission on Appointments?
No. Neither the Executive nor the Legislative (Commission on Appointments) can create power where the Constitution confers none. The evident constitutional intent is to strike a careful and delicate balance, in the matter of appointments to public office, between the President and Congress (the latter acting through the Commission on Appointments). To tilt one side or the other of the scale is to disrupt or alter such balance of power. In other words, to the extent that the Constitution has blocked off certain appointments for the President to make with the participation of the Commission on Appointments, so also has the Constitution mandated that the President can confer no power of participation in the Commission on Appointments over other appointments exclusively reserved for her by the Constitution. The exercise of political options that finds no support in the Constitution cannot be sustained.
Nor can the Commission on Appointments, by the actual exercise of its constitutionally delimited power to review presidential appointments, create power to confirm appointments that the Constitution has reserved to the President alone. Stated differently, when the appointment is one that the Constitution mandates is for the President to make without the participation of the Commission on Appointments, the executive's voluntary act of submitting such appointment to the Commission on Appointments and the latter's act of confirming or rejecting the same, are done without or in excess of jurisdiction. (Bautista v. Salonga)
Can the Congress by law require the confirmation of appointments of government officials other than those enumerated in the first sentence of Section 16 of Article VII?
No. 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)
1) it would amend by legislation, the first sentence of Sec. 16, Art. VII of the Constitution by adding thereto appointments requiring confirmation by the Commission on Appointments; and
2) it would amend by legislation the second sentence of Sec. 16, Art. VII of the Constitution, by imposing the confirmation of the Commission on Appointments on appointments which are otherwise entrusted only with the President. (Calderon vs. Carale, GR No. 91636, April 23, 1992)
Why from rank of colonel. The provision hopefully will have the effect of strengthening civilian supremacy over the military. [Bernas Commentary, p 844 (2003 ed)]. To some extent, the decision of the Commission was influenced by the observation that coups are generally led by colonels.
Military officers. The clause “officers of the armed forces from the rank of colonel or naval captain” refers to military officers alone. Hence, promotion and appointment of officers of Philippine Coast Guard which is under the DOTC (and not under the AFP), do not need the confirmation of Commission on Appointments. (Soriano v. Lista, 2003) Also, promotion of senior officers of the PNP is not subject to confirmation of CA. PNP are not members of the AFP. (Manalo v. Sistoza, 1999)
Read:
Soriano v. Lista Case Digest
Manalo v. Sistoza Case Digest
Chairman of CHR. The appointment of the Chairman of the Commission on Human Rights is not provided for in the Constitution or in the law. Thus, there is no necessity for such appointment to be passed upon by the Commission on Appointments. (Bautista v. Salonga)
Read: Bautista v. Salonga Case Digest
Governor of the Bangko Sentral
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)
Read: Tarrosa vs. Singson Case Digest
Chairman and Members of the NLRC
The Chairman and Members of the NLRC are not among the officers mentioned in the first sentence of Section 16, Article VII whose appointments requires confirmation by the Commission on Appointments. (Calderon vs. Carale, GR No. 91636, April 23, 1992)
Read: Calderon vs. Carale Case Digest
Does an ad interim appointments apply to appointments solely for the President to make, i.e., without the participation of the CA?
No. Under the Constitutional design, ad interim appointments do not apply to appointments solely for the President to make, i.e., without the participation of the Commission on Appointments. Ad interim appointments, by their very nature under the 1987 Constitution, extend only to appointments where the review of the Commission on Appointments is needed. That is why ad interim appointments are to remain valid until disapproval by the Commission on Appointments or until the next adjournment of Congress; but appointments that are for the President solely to make, that is, without the participation of the Commission on Appointments, can not be ad interim appointments. (Bautista v. Salonga)
Can the President voluntarily submit appointments exclusively reserved for her by the Constitution to the Commission on Appointments?
No. Neither the Executive nor the Legislative (Commission on Appointments) can create power where the Constitution confers none. The evident constitutional intent is to strike a careful and delicate balance, in the matter of appointments to public office, between the President and Congress (the latter acting through the Commission on Appointments). To tilt one side or the other of the scale is to disrupt or alter such balance of power. In other words, to the extent that the Constitution has blocked off certain appointments for the President to make with the participation of the Commission on Appointments, so also has the Constitution mandated that the President can confer no power of participation in the Commission on Appointments over other appointments exclusively reserved for her by the Constitution. The exercise of political options that finds no support in the Constitution cannot be sustained.
Nor can the Commission on Appointments, by the actual exercise of its constitutionally delimited power to review presidential appointments, create power to confirm appointments that the Constitution has reserved to the President alone. Stated differently, when the appointment is one that the Constitution mandates is for the President to make without the participation of the Commission on Appointments, the executive's voluntary act of submitting such appointment to the Commission on Appointments and the latter's act of confirming or rejecting the same, are done without or in excess of jurisdiction. (Bautista v. Salonga)
Can the Congress by law require the confirmation of appointments of government officials other than those enumerated in the first sentence of Section 16 of Article VII?
No. 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)
Such would be unconstitutional because:
1) it would amend by legislation, the first sentence of Sec. 16, Art. VII of the Constitution by adding thereto appointments requiring confirmation by the Commission on Appointments; and
2) it would amend by legislation the second sentence of Sec. 16, Art. VII of the Constitution, by imposing the confirmation of the Commission on Appointments on appointments which are otherwise entrusted only with the President. (Calderon vs. Carale, GR No. 91636, April 23, 1992)
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