Powers and Functions of the President Power of Appointment

CONCEPCION-BAUTISTA v. SALONGA [G.R. No. 86439. April 13, 1989] FACTS . ISSUE 1. . HELD. RATIO .

Powers and Functions of the President Power of Appointment

CALDERON v. CARALE [G.R. No. 91636. April 23, 1992] FACTS . ISSUE 2. . HELD 3. . RATIO .

Powers and Functions of the President Power of Appointment

MANALO v. SISTOZA [G.R. No. 107369. August 11, 1999]

FACTS December 13, 1990 R.A. No. 6975 creating the Department of Interior and Local Government was signed into law by President Corazon Aquino. Pertinent provisions of the said Act read:
o o Sec. 26. xxx The Chief of the PNP shall be appointed by the President from among the senior officers down to the rank of the chief superintendent, subject to confirmation by the Commission on Appointments. Xxx Sec. 31. Appointment of PNP Officers and Members. xxx (c) Senior Superintendent to Deputy Director General Appointed by the President xxx and subject to confirmation by the Commission on Appointments. (d) Director General Appointed by the President xxx subject to confirmation by the Commission on Appointments.

March 10, 1992 the President, through then Executive Secretary Franklin M. Drilon, promoted the fifteen (15) respondent police officers by appointing them to position in the Philippine National Police with the rank of Chief Superintendent to Director. The said police officers took their oath of office and assumed their respective positions.

ISSUE 1. Whether or not the provisions of R.A. No. 6975 requiring confirmation of appointments of officers from the rank of senior superintendent and higher (of the PNP) by the CA are constitutional. (N) 2. Whether or not the appointments issued by President Aquino to the respondent senior officers of the PNP, without their appointments having been submitted to and confirmed by the CA, are valid. (Y) OR WON the PNP falls under the purview of the first category provided by Sec. 16, thus requiring confirmation by the CA. (N) HELD Unconstitutional are Sections 26 and 31 of Republic Act 6975 which empower the CA to confirm the appointments of public officials whose appointments are not required by the Constitution to be confirmed. Directors and chief superintendents of the PNP, such as herein respondent police officers, do not fall under the first category (see below) of presidential appointees requiring confirmation by the CA. Their appointments are therefore valid. RATIO Appointments of officers from the rank of senior superintendent and higher of the PNP need not be confirmed by the CA. Under Sec. 16, there are four groups of officers to be appointed by the President: 1) Heads of the executive departments, ambassadors, other public ministers and consuls, 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; 2) All other officers of the Government whose appointments are not otherwise provided by law; 3) Those whom the President may be authorized by law to appoint; 4) Officers lower in rank whose appointments the Congress may by law vest in the President alone. It is a well-settled that only presidential appointments belonging to the first group require the confirmation by the CA. The appointment of respondent officers who are not within the first category, need not be confirmed by the CA. Congress cannot by law expand the power of confirmation of the CA and require confirmation of appointments of other government official not mentioned the first sentence of Sec. 16. The PNP is separate and distinct from the Armed Forces of the Philippines. As stated in the Constitution, No element of the police force shall be military nor shall any position thereof be occupied by active members of the Armed Forces of the Philippines. Therefore the police force is different from and independent of the armed forces and the ranks in the military are not similar to those in the PNP.
Article VII, Section 16 of the 1987 Constitution 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, commission, or boards. The President shall have the power to make appointments during the recess of 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.

Powers and Functions of the President Power of Appointment

SORIANO v. LISTA [G.R. No. 153881. March 24, 2003]

FACTS On March 30, 1998, then President Ramos, in the exercise of his statutory authority to reorganize the Office o the President, issued EO 475 transferring the Philippine Coast Guard (PCG) from the Department of National Defense to the Office of the President. Consequently transferring the same to the Department of Transportation and Communications (DOTC). President Macapagal-Arroyo appointed herein respondents to various ranks in the PCG on different dates. The said respondent officers assumed their duties and functions as appointed. ISSUE Whether or not the permanent appointments made by the President with regards to the promotion of respondents into different ranks of the PCG are constitutional, despite not having been confirmed by the CA. (Y) HELD Since the promotions and appointments of respondent officers are not covered by the provision (Article VII, Sec. 16.) of the Constitution, the same need not be confirmed by the CA. RATIO Since the PCG is under the DOTC and no longer part of the Philippine Navy or the Armed Forces of the Philippines, the promotions and appointments of respondent officers of the PCG, or any PCG officer from the rank of captain and higher for that matter, do not require confirmation by the CA. The enumeration of appointments subject to confirmation by the CA under Section 16, Article VII of the 1987 Constitution is exclusive. The clause officer of the armed forces from the rank of colonel or naval captain refers to military officers alone. This is clear from the deliberations of the Con-Com on the proposed text of said section.
Article VII, Section 16 of the 1987 Constitution 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, commission, or boards. The President shall have the power to make appointments during the recess of 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.

Powers and Functions of the President Power of Appointment

PIMENTEL v. ERMITA [G.R. No. 164978. October 13, 2005]

FACTS July 26, 2004 Congress commenced their regular session. August 15 & 23, 2004 President Arroyo issued appointments to respondents as acting secretaries of their respective departments. Consequently, taking their oath of office and assumed their duties as such. August 25, 2004 The Commission on Appointments was constituted. September 22, 2004 Congress adjourned. The following day, on the 23rd, President Arroyo issued ad-interim appointments to the respondents previously appointed. ISSUE Whether or not the appointments made by President Arroyo to herein respondents as acting secretaries of their respective departments is unconstitutional, for it being without consent of the CA while Congress is in session. (N); Whether or not the President acted in abuse of discretion in appointing respondents as acting secretaries to circumvent the need for confirmation by CA. (N) HELD By the very nature of the office of a department secretary (being an alter-ego), the President must appoint in an acting capacity a person of her choice even while Congress is in session. The absence of abuse is readily apparent from President Arroyos issuance of ad interim appointments to respondents immediately upon the recess of Congress, way before the lapse of one year. RATIO The essence of an appointment in an acting capacity is temporary in nature. It is a stop-gap measure intended to fill an office for a limited time until the appointment of a permanent occupant to the office. The power to appoint is essentially executive in nature. Congress cannot appoint a person to an office with the guise of prescribing qualifications. Furthermore, an alter ego, whether temporary or permanent, holds a position of great trust and confidence. Thus the President must appoint a person of her choice who she deems competent. The office of a department of secretary may become vacant while Congress is in session. Since a department of secretary is an alter ego of the President, the acting appointee to the office must necessarily have the Presidents confidence. The person may or may not be the permanent appointee, but practical reasons may make it expedient that the acting appointee will also be the permanent appointee. Acting appointments cannot exceed one year as expressly provided in Section 17 (3), Chapter 5, Title I, Book III of EO 292. The law has incorporated this safeguard to prevent abuses, like the use of acting appointments as a way to circumvent confirmation by the CA.
ACTING Effective upon acceptance. Extended only during a recess of Congress; temporary in nature. May be extended any time there is a vacancy; way of filling important offices; temporary in nature. Submitted to the CA for confirmation or rejection. Not submitted to the CA.
Book III, Title I, Chapter 5, Sections 16 and 17 of EO 292 Sec. 16 The President shall exercise the power to appoint such officials as provided for in the Constitution and laws. Sec. 17 Power to Issue Temporary Designation. o (1) The President may temporarily designate an officer already in the government service or any other competent person to perform the functions of an office in the executive branch, appointment to which is vested in him by law, when: xxx. (b) there exists a vacancy. xxx o (3) In no case shall a temporary designation exceed one (1) year. Article VII, Section 16 of the 1987 Constitution xxx The President shall have the power to make appointments during the recess of 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.

AD-INTERIM