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    Sarmiento v. Mison

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    Hazel Manuel
    This case concerns whether the appointment of Salvador Mison as Commissioner of the Bureau of Customs required confirmation by the Commission on Appointments. The 1987 Constitution outlines four groups of officers that the President appoints. The first group requires Commission on Appointments confirmation, but the second, third, and fourth groups do not. As Commissioner of the Bureau of Customs falls under the President's authorization to appoint officers by law, and not under the first group requiring confirmation, the court ruled Mison's appointment was constitutional without Commission on Appointments confirmation.

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    Sarmiento v. Mison

    Uploaded by

    Hazel Manuel
    295 views1 page
    This case concerns whether the appointment of Salvador Mison as Commissioner of the Bureau of Customs required confirmation by the Commission on Appointments. The 1987 Constitution outlines four groups of officers that the President appoints. The first group requires Commission on Appointments confirmation, but the second, third, and fourth groups do not. As Commissioner of the Bureau of Customs falls under the President's authorization to appoint officers by law, and not under the first group requiring confirmation, the court ruled Mison's appointment was constitutional without Commission on Appointments confirmation.

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    Constitutional Law Executive Department Case Digest

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    This case concerns whether the appointment of Salvador Mison as Commissioner of the Bureau of Customs required confirmation by the Commission on Appointments. The 1987 Constitution outlines four groups of officers that the President appoints. The first group requires Commission on Appointments confirmation, but the second, third, and fourth groups do not. As Commissioner of the Bureau of Customs falls under the President's authorization to appoint officers by law, and not under the first group requiring confirmation, the court ruled Mison's appointment was constitutional without Commission on Appointments confirmation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    295 views1 page

    Sarmiento v. Mison

    Uploaded by

    Hazel Manuel
    This case concerns whether the appointment of Salvador Mison as Commissioner of the Bureau of Customs required confirmation by the Commission on Appointments. The 1987 Constitution outlines four groups of officers that the President appoints. The first group requires Commission on Appointments confirmation, but the second, third, and fourth groups do not. As Commissioner of the Bureau of Customs falls under the President's authorization to appoint officers by law, and not under the first group requiring confirmation, the court ruled Mison's appointment was constitutional without Commission on Appointments confirmation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Case No.

    4
    Sarmiento v. Mison
    G.R. No. 79974 December 17, 1987

    Facts: Petitioners Ulpiano P. Sarmiento III and Juanito G. Arcilla contend that the respondent
    Salvador Mison appointment as Commissioner of the Bureau of Customs is unconstitutional by
    reason of its not having been confirmed by the Commission on Appointments. The respondent,
    on the other hand, maintain the constitutionality of Mison's appointment without the
    confirmation of the Commission on Appointments.
    Under the provisions of the 1987 Constitution, there are 4 groups of officers whom the
    President shall appoint:
    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 of officers is clearly appointed with the consent of the Commission on
    Appointments. Appointments of such officers are initiated by nomination and, if the nomination
    is confirmed by the Commission on Appointments, the President appoints.
    Issue: Whether or not the second, third, and fourth groups of officers be appointed by the
    President with the consent (confirmation) of the Commission on Appointments?
    Ruling: No, in the 1987 Constitution, the clear and expressed intent of its framers was to exclude
    presidential appointments from confirmation by the Commission on Appointments, except
    appointments to offices expressly mentioned in the first sentence of Sec. 16, Article VII.
    Consequently, there was no reason to use in the third sentence of Sec. 16, Article VII the word
    "alone" after the word "President" in providing that Congress may by law vest the appointment
    of lower-ranked officers in the President alone, or in the courts, or in the heads of departments,
    because the power to appoint officers whom he (the President) may be authorized by law to
    appoint is already vested in the President, without need of confirmation by the Commission on
    Appointments, in the second sentence of the same Sec. 16, Article VII.
    It is evident that the position of Commissioner of the Bureau of Customs (a bureau head) is not
    one of those within the first group of appointments where the consent of the Commission on
    Appointments is required.
    The appointment of the Commissioner of the Bureau of Customs is one that devolves on the
    President, as an appointment he is authorized by law to make, such appointment, however, no
    longer needs the confirmation of the Commission on Appointments.

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