.

Quintos-Deles v. CA

G.R. No. 83216 September 4 1989 [Appointing Power]

177 SCRA 259

FACTS:

This is a special civic action for prohibition and mandamus with injunction seeking
to compel CoA to allow Quintos-Deles to perform and ischarege her duties as HoR
member representing Women's Sector and to restrain respondents from subjecting her
appointment to the confirmation process. Quintos-Deles ad three others were
appointed Sectoral Representatives by the President pursuant to Art. VII Sec 16 p.2 and
Art. XVIII Sec. 7 of the Constitution.

ISSUE:

WoN the Constitution requires the appointment of sectoral representatives to

the HoR to be confirmed by the CoA.

RULING:

Yes. The seats reserved for sectoral representatives in paragraph 2, Section 5, Art.
VI may be filled by appointment by the President by express provision of Section 7, Art.
XVIII of the Constitution, it is undubitable that sectoral representatives to the House of
Representatives are among the “other officers whose appointments are vested in the
President in this Constitution,” referred to in the first sentence of Section 16, Art. VII
whose appointments are-subject to confirmation by the Commission on Appointments
(Sarmiento v. Mison, supra).

Deles' appointment was made pursuant to Art. VII, Section 16, p.2 which gives
the President ”the power to make appointments during the recess of the 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.” The records show that Deles’ appointment was made on April 6, 1988 or
while Congress was in recess (March 26, 1988 to April 17, 1988); hence, the reference to
the said paragraph 2 of Section 16, Art. VII in the appointment extended to her.

RULING:

Yes. The President acted within her constitutional authority and power in
appointing Salvador Mison, without submitting his nomination to the CoA for
confirmation. He is thus entitled to exercise the full authority and functions of the office
and to receive all the salaries and emoluments pertaining thereto.

Under Sec 16 Art. VII of the 1987 Constitution, there are 4 groups of officers whom the
President shall appoint:

1st, appointment of executive departments and bureaus heads, ambassadors, other

public ministers, consuls, officers of the armed forces from the rank of colonel or naval
captain, and other officers with the consent and confirmation of the CoA.

2nd, all other Government officers whose appointments are not otherwise provided by
law;

3rd, those whom the President may be authorized by the law to appoint;

Bautista v. Salonga

G.R. No. 86439 April 13 1989 [Appointing Power]

172 SCRA 160

FACTS:
 The President appointed Mary Concepcion Bautista as the Chairman of the
Commission on Human Rights pursuant to the second sentence in Section 16, Art. VII,
without the confirmation of the CoA because they are among the officers of
government "whom he (the President) may be authorized by law to appoint." Section
2(c), Executive Order No. 163, authorizes the President to appoint the Chairman and
Members of the Commission on Human Rights. CoA disapproved Bautista's alleged ad
interim appointment as Chairperson of the CHR in view of her refusal to submit to the
jurisdiction of the Commission on Appointments.

ISSUES:

1. Whether or not Bautista's appointment is subject to CoA's confirmation.

2. Whether or not Bautista's appointment is an ad interim appointment.

RULING:

1. No. The position of Chairman of CHR is not among the positions mentioned in the first
sentence of Sec. 16 Art 7 of the Constitution, which provides that the appointments
which are to be made with the confirmation of CoA. Rather, it is within the authority of
President, vested upon her by Constitution (2nd sentence of Sec. 16 Art 7), that she
appoint executive officials without confirmation of CoA.

The Commission on Appointments, by the actual exercise of its constitutionally

delimited power to review presidential appointments, cannot create power to confirm
appointments that the Constitution has reserved to the President alone.

2. Under the Constitutional design, ad interim appointments do not apply to

appointments solely for the President to make. Ad interim appointments, by their very
nature under the 1987 Constitution, extend only to appointments where the review of
the Commission on Appointments is needed. That is why ad interim appointments are
to remain valid until disapproval by the Commission on Appointments or until the next
adjournment of Congress; but appointments that are for the President solely to make,
that is, without the participation of the Commission on Appointments, cannot be ad
interim appointments.

(h) Board refers to the Inter-country Adoption Board.