Ulpiano Sarmiento III vs Salvador Mison

156 SCRA 549 – Political Law – Appointment of “Head of Bureaus” – Officers

Requiring Confirmation by the Commission on Appointments
This is the 1st major case under the 1987 Constitution. In 1987, Salvador Mison was appointed
as the Commissioner of the Bureau of Customs by then president Corazon Aquino. Ulpiano
Sarmiento III and Juanito Arcilla, being members of the bar, taxpayers, and professors of
constitutional law questioned the appointment of Mison because it appears that Mison’s
appointment was not submitted to the Commission on Appointments (COA) for approval.
Sarmiento insists that uner the new Constitution, heads of bureaus require the confirmation of
the COA.
Meanwhile, Sarmiento also sought to enjoin Guillermo Carague, the then Secretary of the
Department of Budget, from disbursing the salary payments of Mison due to the
unconstitutionality of Mison’s appointment.
ISSUE: Whether or not the appointment of “heads of bureaus” needed confirmation by the
Commission on Appointment.
HELD: No. In the 1987 Constitution, the framers removed “heads of bureaus” as one of those
officers needing confirmation by the Commission on Appointment. Under the 1987
Constitution, there are four (4) groups of officers whom the President shall appoint. These four
(4) groups are:
First, the 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;
Second, all other officers of the Government whose appointments are not otherwise
provided for by law;
Third, those whom the President may be authorized by law to appoint;
Fourth, officers lower in rank whose appointments the Congress may by law vest in the
President alone.
The first group above are the only public officers appointed by the president which require
confirmation by the COA. The second, third, and fourth group do not require confirmation by
the COA. The position of Mison as the head of the Bureau of Customs does not belong to the
first group hence he does not need to be confirmed by the COA.