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POWER OF

APPOINTMENT
(President’s Power)
POWER OF APPOINTMENT
(SECTIONS 14, 15 AND 16)

 the power to select an individual who is


to exercise the functions of a give office
Appointment – the act of selection or designation
by the executive officer, board or
body to whom the power has been
delegated, of the individual who is
to exercise the function of a given
office
Designation – the imposition of additional duties
upon a person already in public
service to temporarily perform the
functions of an office when the officer
regularly appointed to the office is
unable to perform his duties or there
is a vacancy
KINDS OF OFFICIALS THE PRESIDENT MAY
APPOINT
 a. Appointments Vested by the Constitution -
these requires the confirmation of the
Commission on Appointments

it includes the following:


• heads of executive departments
• ambassadors, and other public ministers and
consuls
• officers of the armed forces from the rank of
colonel or naval captain
• other officers such as the regular members of the
Judicial and Bar Council and the chairmen and
members of the Constitutional Commissions
 b. Appointments Vested by the Constitution but Do
not Need a Confirmation by the Commission on
Appointments
- includes the members of the Supreme Court and
judges of the lower courts recommended by the
Judicial and Bar Council, Ombudsman and his
deputies, members of the regional consultative
commissions and sectoral representatives to
Congress
 c. Officers Whose Appointment Are Not Provided
by Law
- they are appointed by the respective heads
as may be provided for by Congress - these
are officials lower in rank than the heads of
executive departments, agencies,
commissions and boards
KINDS OF APPOINTMENT

 a. Permanent Appointment - issued to a


person who meets all the requirements for the
positions to which he is being appointed
 b. Acting or Temporary Appointment - made
without security of tenure and can be terminated
with or without cause. “OIC” belongs to this kind
 c. Regular Appointment - requires
confirmation of the Commission on Appointments
made by the President while the Congress is in
session. It will take effect once approved by the
Commission and continues as such until the end
of its terms
 d. Ad Interim Appointment - requires
confirmation of the Commission on Appointments
made by the President while the Congress is in
recess. It shall only be effective only (a) until
disapproved by the Commission on
Appointments, or (b) until the next adjourn of the
Congress.
 He appointed former Armed Forces chief of staff Roy Cimatu to
replace Gina Lopez, who failed to get the nod of the powerful
CA as secretary of the Department of Environment and
Natural Resources (DENR). Senator Alan Peter Cayetano, who
was his running mate in the last 2016 national elections, was
appointed to head the Department of Foreign Affairs (DFA).

 President also named a new Bangko Sentral ng Pilipinas (BSP)


governor in the person of Nestor Espenilla. The Department of
Interior and Local Government (DILG) also has a new boss in
the person of Gen. Eduardo Año, the chief of staff of the Armed
Forces of the Philippines.

 These four appointees reflect the President’s commitment to


bringing on board officials he can trust and who have the
capacity get things done.

 Ambassador Cimatu has some big shoes to fill. Ms. Lopez has
shown tremendous passion in what she believed was the duty
of an environment secretary. Even those who opposed her
appointment recognize her zeal and commitment to what she
believed in.

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