a. Confirmation by Commission on Appointments

In General

SECTION 16, ARTICLE VII. 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.

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• Appointment: Selection by the proper authority of an individual who is to exercise the powers and functions of a given office. Appointee has a right to claim compensation as stated in the appointment.
• Designation: Imposition of additional duties, usually by law, upon a person already in the public service by virtue of an earlier appointment. Does not entail payment of additional benefits or grants upon the person so designated [National Amnesty Commission v. COA, G.R. No. 156982 (2004)]
• Commission: Written evidence of the appointment
• Elements of a valid appointment:
• Authority to appoint and evidence of the exercise of authority;
• Transmittal of the appointment paper and evidence of the transmittal (preferably through the Malacañang Records Office);
• Vacant position at the time of appointment;
• Receipt of the appointment papers and acceptance of the appointment by the appointee who possesses all qualifications and none of the disqualifications [Velicaria Garafil v. Office of the President, G.R. No. 203372 (2015)].
• Four Groups of Officers whom the President may appoint:
• With Consent of the Commission on Appointments:
• Heads of the executive departments
• Ambassadors, other public ministers and consuls
• Officers of the armed forces from the rank of colonel or naval captain
• Other officers whose appointments are vested in him by the Constitution:
• Regular Members of the JBC (ex-officio members do not need the confirmation of the CA)
• Chairman and Commissioners of the CSC, COMELEC, and COA.
• Members of the Regional and Consultative Commissions
• All other officers of the government whose appointments are not otherwise provided by law;
• Those whom the President may be authorized by law to appoint (e.g. Chairman and Members of the Commission on Human Rights [Bautista v. Salonga, G.R. No. 86439 (1989)]); and
• Officers lower in rank whose appointments Congress may by law vest in the President alone [Sarmiento III v. Mison, G.R. No. 79974 (1987)]

Consent of the Commission on Appointments is not required for 2, 3, and 4 as these are not positions whose appointments are granted by the Constitution

NOTE: Appointments to the Philippine Coast Guard, which is no longer under the AFP, need not undergo confirmation [Soriano v. Lista, G.R. No. 153881 (2003)].

The Philippine National Police (PNP) [Section 6, Article XVI, 1987 Constitution] is separate and distinct from the Armed Forces of the Philippines (AFP) [Section 4, Article XVI, 1987 Constitution]. The police force is different from and independent of the armed forces and that the ranks in the military are not similar to those in the PNP. Thus, directors and chief superintendents of the PNP do not fall under the first category of presidential appointees requiring confirmation by the Commission on Appointments (CA) [Manalo v. Sistoza, G.R. No. 107369 (1999)].

Note: “Congress may by law vest in the appointment of other officers lower in rank in the President alone.”

The inclusion of the word “alone” was an oversight. The Constitution should read: “The Congress may, by law, vest the appointment of other officers lower in rank in the President” [Sarmiento v. Mison, supra]

Other cases where confirmation is not required:

• When Congress creates inferior officers but omits to provide for appointment thereto, or provides in an unconstitutional manner for such appointments
• Appointment of the Vice-President as member of the Cabinet [Section 3, Article VII, 1987 Constitution]
• Appointments upon recommendation of the Judicial Bar Council
• Appointments solely by the President.

Oppositions to Appointment

Any person who feels aggrieved by the appointment of a person may file a protest against the appointment.

Composition

• Senate President as ex-officio chairman
• 12 Senators
• 12 Members of the House

The Commission on Appointments (CA) acts as a legislative check on the appointing authority of the President. For the effectivity of the appointment of certain key officials enumerated in the Constitution, the consent of the CA is needed. (Bernas)

Regular Appointment

• Made by the President while Congress is in session
• Takes effect only after confirmation by the Commission on Appointments (CA)
• Once approved, continues until the end of the term.

Note: The mere filing of a motion for reconsideration of the confirmation of an appointment cannot have the effect of recalling or setting aside said appointment. A motion for reconsideration that the Commission on Appointments does not act upon does not set aside its prior confirmation; the confirmation remains effective.

Voting

• The Commission shall rule by a majority vote of all the Members. (PHIL. CONST., art. VI, § 18.)
• The chairman shall only vote in case of a tie. (Id.)
• The Commission shall act on all appointments submitted to it within 30 session days. (Id.)
• The Commission shall meet only while Congress is in session, at the call of its Chairman or a majority of all its members. (PHIL. CONST., art. VI, § 19.)

POWERS

Appointments requiring confirmation (PHIL. CONST., art. VII, § 16.)

The Commission on Appointments confirms the President’s appointments of:

• Heads of executive departments;
• Ambassadors, other public ministers, and consuls;
• Officers of the Armed Forces of the Philippines with the rank of colonel or naval captain, or higher; and
• Other officers whose appointments the Constitution vests in the President, including COMELEC members. Examples include the chairpersons and commissioners of the Civil Service Commission, COMELEC, and Commission on Audit, and the regular members of the Judicial and Bar Council.

The Vice President’s appointment as a Cabinet member does not require confirmation (1987 Constitution, Art. VII, § 3).

Note: Under Art. VII, § 16, Commission on Appointments consent is required only for appointments enumerated in its first sentence. (Sarmiento v. Mison, G.R. No L79974, Dec. 17, 1987)

Commission on Appointments

SECTION 18, ARTICLE VI. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

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Rule on Proportional Representation

The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations.

The HOR has authority to change its representation in the Commission on Appointments to reflect at any time the changes that may transpire in the political alignments of its membership. It is understood that such changes in membership must be permanent [Daza v. Singson, G.R. No. 86344 (1989)].

By requiring proportional representation in the Commission on Appointments, Sec. 18 in effect works as a check on the majority party in the Senate and helps to maintain the balance of power. No party can claim more than what it is entitled to under such rule [Guingona, Jr. v. Gonzales, G.R. No. 106971 (1993)].

Nature

The Commission on Appointments shall be constituted within 30 days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker [Section 19, Article VI, 1987 Constitution].

It is NOT mandatory to elect 12 Senators to the Commission before it can discharge its functions. What the Constitution requires is at least a majority of the membership [Guingona v. Gonzales, G.R. No. 106971 (1993)].

It shall act on all appointments within 30 session days from their submission to the Commission on Appointments and shall rule by a majority vote of all its members.

The power to approve or disapprove appointments is conferred on the CA as a body and not on the individual members [Pacete v. Secretary of the Commission on Appointments, G.R. No. L-25895 (1971)].

Jurisdiction

The Commission shall confirm the appointments by the President with respect to the following positions:

• Heads of Executive departments (except if it is the Vice-President who is appointed to a cabinet position, as this does not need confirmation);
• Ambassadors, other public ministers or consuls;
• Officers of the AFP from the rank of Colonel or Naval Captain;
• Other officers whose appointments are vested in him by the Constitution (e.g. Regular Members of the Judicial and Bar Council; Chairman and Commissioners of the Civil Service Commission, Commission on Elections, and the Commission on Audit; Members of the Regional and Consultative Commissions); [Sarmiento v. Mison, G.R. No. 79974 (1987)].

Congress cannot require that the appointment of a person to an office created by law shall be subject to CA confirmation [Calderon v. Carale, G.R. No. 91636 (1992)].

Appointments extended by the President to the above-mentioned positions while Congress is not in session (ad-interim appointments) shall only be effective:

• Until disapproval by the Commission on Appointments; or
• Until the next adjournment of Congress.

Confirmation and by-passed appointments

Regular Appointments Requiring Consent of Commission on Appointment (CA)

The following may be appointed by the president, subject to approval by the Commission on Appointments (CA):

• Heads of executive departments
• Ambassadors, consuls, and other public ministers
• Officers of AFP from the rank of colonel or naval captain
• Other officers whose appointment is vested in him by the Constitution, such as:
• Chairmen and members of the COMELEC, COA, and CSC.
• Regular members of the JBC.

Commission on Appointments

SECTION 18, ARTICLE VI. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

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Appointments With Prior Recommendation or Nomination By The JBC

• Members of the SC and judges of the lower courts; these appointments do not need CA confirmation (PHIL. CONST., art. VIII, § 9).
• Ombudsman and his Deputies; these appointments do not need CA confirmation (PHIL. CONST., art. XI, § 9).

Regular Appointments Without Need Of CA Confirmation

All other officers whose appointments are not otherwise provided for by law and those whom he may be authorized by law to appoint do not require CA confirmation. This includes the Chairman and members of the Commission on Human Rights (CHR), whose appointments are provided for by law, and NOT by the Constitution. (PHIL. CONST., Art. VII, Sec. 16)

Congress may, by law, vest in the President alone or in the courts, or in the heads of departments, agencies boards or commissions the appointment of other officers lower in rank than those mentioned above (PHIL. CONST., Art. VII, Sec 16)

However, Congress cannot, by law, require CA confirmation of the appointment of other officers for offices created subsequent to the 1987 Constitution e.g. NLRC Commissioners, Bangko Sentral Governor (Calderon v. Carale, G.R. No. 91636, April 23, 1992).

Rule on Proportional Representation

The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations.

The HOR has authority to change its representation in the Commission on Appointments to reflect at any time the changes that may transpire in the political alignments of its membership. It is understood that such changes in membership must be permanent [Daza v. Singson, G.R. No. 86344 (1989)].

By requiring proportional representation in the Commission on Appointments, Sec. 18 in effect works as a check on the majority party in the Senate and helps to maintain the balance of power. No party can claim more than what it is entitled to under such rule [Guingona, Jr. v. Gonzales, G.R. No. 106971 (1993)].

Nature

The Commission on Appointments shall be constituted within 30 days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker [Section 19, Article VI, 1987 Constitution].

It is NOT mandatory to elect 12 Senators to the Commission before it can discharge its functions. What the Constitution requires is at least a majority of the membership [Guingona v. Gonzales, G.R. No. 106971, March 1, 1993].

It shall act on all appointments submitted to it within 30 session days of Congress from their submission and shall rule by a majority vote of all its members.

The power to approve or disapprove appointments is conferred on the CA as a body and not on the individual members [Pacete v. Secretary of the Commission on Appointments, G.R. No. L-25895 (1971)].

PROCEDURE WHEN CA CONFIRMATION NEEDED:

• Nomination by President
• Confirmation by CA
• Appointment by President
• Acceptance by appointee.
• At any time before all four steps have been complied with, the President can withdraw the nomination or appointment.

Procedure When No CA Confirmation Needed:

• Appointment
• Acceptance

Once appointee accepts, President can no longer withdraw the appointment

Jurisdiction

The Commission shall confirm the appointments by the President with respect to the following positions:

• Heads of Executive departments (except if it is the Vice-President who is appointed to a cabinet position, as this does not need confirmation);
• Ambassadors, other public ministers or consuls;
• Officers of the AFP from the rank of Colonel or Naval Captain;
• Other officers whose appointments are vested in him by the Constitution (e.g. Regular Members of the Judicial and Bar Council; Chairman and Commissioners of the Civil Service Commission, Commission on Elections, and the Commission on Audit; Members of the Regional and Consultative Commissions (historical)); [Sarmiento v. Mison, G.R. No. 79974 (1987)]

Congress cannot require that the appointment of a person to an office created by law shall be subject to CA confirmation [Calderon v. Carale, G.R. No. 91636 (1992)].

Appointments extended by the President to the above-mentioned positions while Congress is not in session (ad-interim appointments) shall only be effective:

• Until disapproval by the Commission on Appointments; or
• Until the next adjournment of Congress.