Sarmiento III vs.

Mason
G.R. No. 79974, December 17, 1987
156 SCRA 549

Facts: Petitioners (Sarmiento and Arcilla), in their capacity as taxpayers, lawyers, members of
the Integrated Bar of the Philippines and professors of Constitutional law, brought into question
the constitutionality of the appointment of Salvador Mison as Commissioner of the Bureau of
Customs by reason of its not having been confirmed by the Commission of Appointments.

Issue: Whether or not the appointment of Mison is valid.

Held: Petition dismissed and appointment of Mison is valid.
On basis of the Sec. 16, Art. VII of the 1987 Constitution, it dictates 4 groups of officers to be
appointed by the President:
(1) 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.
(2) He shall also appoint all other officers of the Government whose appointments are not
otherwise provided by law;
(3) Those whom the president may be authorized to appoint;
(4) The Congress may by law, vest the appointments of other officers lower in rank in the
President alone, in the courts, or in the heads of departments, agencies, commissions or
boards.
The current contention is on the second to fourth group of persons of which it is departs from the
first group which requires the confirmation of the Commission on Appointment. The court first
resorted to the previous Constitutions, the 1935 and 1973 Constitution which left them on two
extremes, after the 1935 requires the confirmation while the 1973, on the other hand does not.
However, the framers of the 1987 Constitution and the people adopting it, struck a middle
ground which is in harmony with the provision of the current Constitution. Moreover, the
proceedings of the 1986 Constitutional Commission supports the said conclusion wherein: The
motion of Commissioner Foz proposal to delete the words and Bureaus and was approved by
the Chair. Also Comm. Davide moved to place a period after the word Captain and added the
phrase AND OTHER OFFICERS WHOSE APPOINTMENTS ARE VESTED IN HIM IN
THIS CONSTITUTION. The first amendment clearly showed the intent to remove bureau
heads on the ground that it may subject them to political influence and the second amendment
shows the intent to subject the group of people mentioned in the first sentence to the said consent
and leaving the rest from the said consent. Lastly, Sec. 601 of R.A. 1937 and P.D. 34 amending
it clearly expresses the authorization to appoint the Chief Officials of Bureau of Customs to the
President and thus read in harmony with Sec. 16, Art. VII of the 1987 Constitution.