Commission on Appointments

Background

The Commission on Appointments confirms certain appointments made by the President of the Philippines. Article VII, Section 16 of the 1987 Constitution reads:

The Vice President is exempted from a confirmation hearing to any cabinet position. The nomination of a person to the vice presidency due to a vacancy is handled by both houses of Congress, voting separately.

During the operation of the Jones Law, the Senate confirmed the Governor-General's appointments. During the operation of the 1935 Constitution, the commission was composed of 21 members of the National Assembly of the Philippines. With the restoration of the bicameral Congress in 1940, the commission was composed of 12 senators and 12 representatives with the Senate President as the ex officio chairman. During the operation of the 1973 Constitution, the president appointed at will and without "checks and balances" from the then-parliament. The current constitution, which was ratified in 1987, brought back the 25-member commission.

Officials confirmed

1. Heads of Executive Departments
2. Ambassadors, other Public Ministers and Consuls
3. High Ranking Officers of the Armed Forces from the rank of Colonel or Naval Captain
4. Regular Members of the Judicial and Bar Council
5. Chairman and Commissioners of the Civil Service Commission
6. Chairman and Commissioners of the Commission on Elections
7. Chairman and Commissioners of the Commission on Audit

The appointments of all judges and the Ombudsman need not be confirmed by the Commission on Appointments. Instead, they are recommended by the Judicial and Bar Council in a short list, from which the President shall then choose from.

Prior to the institutionalization of the party-list system, the president appointed the sectoral representatives. Congress then decided to have these confirmed via the commission, as well.

Under the 1935 Constitution

1. Heads of the executive departments and bureaus
2. Officers of the Army from the rank of colonel, of the Navy and air forces from the rank of captain or commander
3. All other officers of the Government whose appointments are not herein otherwise provided for, and those whom he may be authorized by law to appoint
4. Ambassadors, other public ministers, and consuls
5. Members of the Supreme Court and all judges of inferior courts
6. The Resident Commissioner of the Philippines (until 1946)

Composition

The commission is composed of the Senate President, the ex officio chairman, twelve senators, and twelve members of the House of Representatives. Members from each house of Congress are elected based on proportional representation from the political parties and parties or organizations registered under the party-list system represented. The Chairman of the Commission shall vote only in case of a tie. It shall act on all appointments submitted within thirty session days of Congress. It shall be governed by a majority vote of all members.

Procedure

A president can either make a nomination or an appointment. Either action involves the commission.

Most presidential actions are ad interim appointments, done when Congress is not in session. In these cases, the appointment allows the official to discharge the duties related to the office immediately. The ad interim appointment ceases to be valid if the commission explicitly rejects the appointment, or if the commission "bypasses" the appointment. If the commission rejects the appointment, the official is no longer allowed to discharge the duties related to his or her office, and the president has to appoint someone else. If the commission bypasses the official, the president can re-appoint that person.

The president can also nominate an official if Congress is in session. In a "regular" nomination, the official can only discharge the duties once the commission consents to the appointment.

Just as other legislative bodies, the commission is divided into different committees. Each appointment is coursed through the committee concerned. After hearings are held, the committee decides to confirm or reject the appointment; the commission en banc then deliberates on whether to accept the committee's decision.

Meeting place

The commission meets at the GSIS Building in Pasay, the seat of the Senate.

Current membership

The 20th Congress shall elect the members of the commission.

• Chairman: Tito Sotto (the Senate president as ex officio chairman)
• Vice–Chairman: Ramon Guico Jr.
• Majority Floor Leader: Jurdin Jesus Romualdo
• Minority Floor Leader: Joel Villanueva
• Secretary: Joey C. Flaminiano
• Sergeant-at-Arms: Nicasio Javier Radovan Jr.

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Rejection of appointment

Rejection by the commission of the president's appointment is very rare. Usually, due to the padrino system of patronage politics, the president's party controls a supermajority of votes in the House of Representatives, thus mirroring its composition of the commission. This means appointments are almost always are approved, although some are not without difficulty.

In Bautista vs. Salonga, the Supreme Court ruled that the positions within the Commission on Human Rights are not one of the positions confirmed by the Commission on Appointments, invalidating Bautista's rejection.

Another way the commission can reject an appointment is by bypassing it; here, the nomination is not acted upon until Congress adjourns its session. The president can still renominate the person for the next session of Congress. If the commission bypasses a nomination and then Congress adjourns sine die, the nomination is lost. There had been proposals to limit bypasses up to three.

Committees

The commission has several committees:

References

References

1. "Mga Constitutional Commission (Lupong Pansaligang Batas) {{!}} GOVPH".
2. "The Commission on Appointments". Commission on Appointments.
3. (June 21, 2014). "Confirmation limbo: Long but futile process?". Rappler.
4. [http://www.chanrobles.com/philsupremelaw2.html The 1987 Constitution of the Republic of the Philippines], Chan Robles law library.
5. 1987 Constitution of the Philippines, art. 7, sec. 3
6. (May 16, 2022). "To whom much is given, much is required". [[The Manila Times]].
7. "Historical Notes".
8. "Commission on Appointments Official Website".
9. Resureccion, Lyn. (1989-01-25). "Appointments panel rejects MaryCon". [[Manila Standard]].
10. (March 8, 2017). "Is Yasay the first appointee to be rejected by the CA?". Rappler.
11. (September 30, 2009). "Saludo appointment as CSC chair nixed by CA". GMA News.
12. Ager, Maila. (March 8, 2017). "CA rejects appointment of Yasay". Philippine Daily Inquirer.
13. (May 4, 2017). "CA rejects Gina Lopez appointment as DENR chief". [[CNN Philippines]].
14. Geronimo, Jee Y.. (September 6, 2017). "CA rejects Rafael Mariano as agrarian reform secretary". [[Rappler]].
15. (August 16, 2017). "CA rejects Taguiwalo as DSWD secretary". [[GMA News Online]].
16. (October 10, 2017). "Ubial rejected as health secretary". ABS-CBN News.
17. Medenilla, Samuel P.. (2021-11-12). "Duterte picks Manila chief prosecutor Rey Bulay as new Comelec commissioner {{!}} Samuel P. Medenilla".
18. Diaz, Jess. "House: Bypassed officials should no longer be appointed".