EXECUTIVE DEPARTMENT
6. Borrowing power (Section 20, Article VII)
7. Diplomatic/Treaty-making power (Section 21, Article VII) 8. Budgetary power (Section 22, Article VII)
9. Informing power—State of the Nation Address (Section 23, Article VII) 10.Veto power (Article VI)
11.Power of general supervision over local governments (Section 4, Article X) 12.Power to call special session (Section 15, Article VI)
13.Unstated Residual Power—not found in the Constitution
14.Power to Reorganize the Office of the President (Administrative Code) 15.Power of Impoundment
APPOINTING POWER—carries with it the Removal Power
Appointment—is the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office.
Pa ge 1 97 7/ 12 /2 00 8 ¥ sa y
Designation—simply means imposition of additional duties on a person already in the public service.
Binamira vs. Garrucho, 188 SCRA 154, when a person is merely designated and not appointed, the implication is that he shall hold office in a temporary capacity and may be replaced at will of the appointing authority. In this sense, a designation is considered only an acting or temporary appointment which does not confer security of tenure on the person named.
Appointing power is executive in nature. It is vested in the President. The power carries with it the power to remove except in some cases like Justices of the Supreme Court, the President appoints them but he cannot remove them. They can only be removed through impeachment.
Officers to be appointed by the President that require the confirmation of Commission on Appointments: (the list is exclusive)
1. Heads of the executive department
Except: Vice-President—may be appointed as a Member of the Cabinet. Such appointment requires no confirmation. (Section 3, Article VII)
2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from the rank of colonel or naval captain 4. Other officers whose appointments are vested in him in the Constitution
Example: JBC, Constitutional Commissions
5. All other officers of the government whose appointments are not otherwise provided by law
6. Those whom he may be authorized by law to appoint.
Sarmiento vs. Mison, 156 SCRA 549, not all appointments made by the President need CA confirmation. Only those enumerated in paragraph 1 of Section 16, Article VII need confirmation of the Commission on Appointments. The appointment of Salvador Mison as Commissioner of Customs needs no confirmation by the CA, because the Commissioner of Customs is not among the officers mentioned in the 1st paragraph of Section 16, Article VII.
Officers of the armed forces from the rank of colonel or naval captain—refers to military officers alone
PNP is now under the DILG (civilian in character, national in scope)—no longer part of the AFP, therefore, no need for CA confirmation
Pa ge 1 98 7/ 12 /2 00 8 ¥ sa y
Soriano vs. Lista, G.R. No. 153881, March 24, 2003, the Philippine Coast Guard (PCG) is no longer part of the Philippine Navy or the AFP but is not under the DOTC, a civilian agency, the promotion and appointment of respondent officers of the PCG will not require confirmation by the CA.
Calderon vs. Carale, 208 SCRA 254, Article 215 of the Labor Code as amended by RA 6715, insofar as it requires the confirmation by the CA of the appointment of the NLRC Chairman and commissioners, is unconstitutional because it violates Section 16 of Article VII. The Congress, when they enacted the law, added to the exclusive list another category of officers to be appointed by the President that need the confirmation of the CA.
Manalo vs. Sistoza, 312 SCRA 239—a law was enacted creating the PNP, RA 6795. It provides that the Director, Deputy Director General, and other top officials of the PNP shall be confirmed by the Commission on Appointments. The SC declared it as unconstitutional.
In the above two cases, Congress cannot add/remove anything from the list of officers to be appointed by the President that require confirmation of the CA. The list is exclusive. The Congress cannot add or remove anything by a mere legislative act.
Officials subject to the Appointment of the President:
A. With the confirmation by the Commission on Appointments—
1. Heads of the executive department
2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from the rank of colonel or naval captain 4. Other officers whose appointments are vested in him in the Constitution B. Prior recommendation or nomination by the Judicial and Bar Council (JBC)—
1. Members of the Supreme Court and all lower courts 2. Ombudsman and hid 5 Deputies
C. Appointment of VP as Member of the Cabinet D. Appointment solely by the President—
1. Those vested by the Constitution on the President alone
2. Those whose appointments are not otherwise provided for by law 3. Those who may be authorized by law to appoint;
4. Those other officers lower in rank whose appointment is vested by law in the President alone
Pa ge 1 99 7/ 12 /2 00 8 ¥ sa y
Appointing Procedure:
1. Nomination by the President;
2. Confirmation by the Commission on Appointments;
3. Issuance of commission; and
4. Acceptance by appointee. Deemed complete upon acceptance. Pending such acceptance, which is optional to the appointee, the appointment may still be validly withdrawn. Appointment to a public office cannot be forced upon citizen except for purposes of defense of the State under Section 4, Article II of the Constitution, as an exception to the rule against involuntary servitude.
Classifications:
1. Permanent—those extended to persons possessing the requisite eligibility and are thus protected by the constitutional guarantee of security of tenure.
2. Temporary—those given to persons without such eligibility, revocable at will and without necessity of just cause or a valid investigation, made on the understanding that the appointing power has not yet decided on a permanent appointee and that the temporary appointee may be replaced at any time a permanent choice is made.
Temporary appointment and Designation are not subject to confirmation by the Commission on Appointments. Such confirmation, if given erroneously, will not make the incumbent permanent appointee. (Valencia vs. Peralta, 8 SCRA 692) 3. Regular—Appointment by the President when Congress is in session. It takes
effect only after confirmation by the CA, and once approved, continues until the end of the term of the appointee.
4. Ad Interim—(2 nd paragraph of Section 16, Article VII )—Appointment by the President when Congress is not in session. It takes effect immediately but ceases to be valid if disapproved by the CA or upon the next adjournment of Congress. It is deemed by-passed through inaction. It is intended to prevent interruptions in vital government services that would otherwise result from the prolonged vacancies in government offices.
It is a permanent appointment because it takes effect immediately and can no longer be withdrawn by the President once the appointee has qualified into office. The fact that it is subject to confirmation by the Commission on Appointments does not alter its permanent character. The Constitution itself