The Supreme Court ruled that President Aquino acted within her constitutional authority in appointing Salvador Mison as Commissioner of the Bureau of Customs without confirmation from the Commission on Appointments. Under the 1987 Constitution, heads of bureaus are no longer required to be confirmed. Confirmation is only needed for positions expressly mentioned in the first sentence of Section 16, Article VII, such as heads of executive departments and ambassadors. All other government positions not otherwise mentioned do not require Commission on Appointments confirmation. Therefore, Mison's appointment as Commissioner was valid without this additional step.
The Supreme Court ruled that President Aquino acted within her constitutional authority in appointing Salvador Mison as Commissioner of the Bureau of Customs without confirmation from the Commission on Appointments. Under the 1987 Constitution, heads of bureaus are no longer required to be confirmed. Confirmation is only needed for positions expressly mentioned in the first sentence of Section 16, Article VII, such as heads of executive departments and ambassadors. All other government positions not otherwise mentioned do not require Commission on Appointments confirmation. Therefore, Mison's appointment as Commissioner was valid without this additional step.
The Supreme Court ruled that President Aquino acted within her constitutional authority in appointing Salvador Mison as Commissioner of the Bureau of Customs without confirmation from the Commission on Appointments. Under the 1987 Constitution, heads of bureaus are no longer required to be confirmed. Confirmation is only needed for positions expressly mentioned in the first sentence of Section 16, Article VII, such as heads of executive departments and ambassadors. All other government positions not otherwise mentioned do not require Commission on Appointments confirmation. Therefore, Mison's appointment as Commissioner was valid without this additional step.
The Supreme Court ruled that President Aquino acted within her constitutional authority in appointing Salvador Mison as Commissioner of the Bureau of Customs without confirmation from the Commission on Appointments. Under the 1987 Constitution, heads of bureaus are no longer required to be confirmed. Confirmation is only needed for positions expressly mentioned in the first sentence of Section 16, Article VII, such as heads of executive departments and ambassadors. All other government positions not otherwise mentioned do not require Commission on Appointments confirmation. Therefore, Mison's appointment as Commissioner was valid without this additional step.
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1/ 1
TITLE: ULPIANO P. SARMIENTO III AND JUANITO G. ARCIALLA , petitioners, vs.
SALVADOR MISON, in his capacity as COMMISSIONER OF THE BUREAU OF CUSTOMS, AND GUILLERMO CARAGUE, in his capacity as SECRETARY OF THE DEPARTMENT OF BUDGET, respondents, COMMISSION ON APPOINTMENTS, intervenor.
G.R. No. L-79974
DATE: December 17, 1987 PONENTE: Padilla, J. TOPIC: Sec. 16, Art VII: Appointing powers of the Executive
FACTS OF THE CASE:
Respondent Salvador Mison was appointed as the Commissioner of the Bureau of Customs by then President (Corazon) Aquino and Carague as the Secretary of the Department of Budget, without the confirmation of the Commission on Appointments.
Petitioners seek to enjoin respondent Mison from performing the functions of the Office of Commissioner of the Bureau of Customs and respondent Carague as Secretary of the Dept of Budget from disbursing payments for Mison’s salaries and emoluments on the ground that Mison’s appointment as Commissioner of the Bureau of Customs is unconstitutional by reason of its not having been confirmed by the Commission on Appointments (CA). On the other hand, respondents maintain the constitutionality of Mison’s appointment without the confirmation of the CA. It is apparent in Sec 16, Art. 7 of the Constitution that there are four groups of officers whom the president shall appoint.
STATEMENT OF ISSUE/S: Whether or not the President can appoint Mison without submitting his nomination to the Commission on Appointments.
HOLDING: Yes, the President of the Philippines acted within her constitutional authority and power in appointing respondent Salvador Mison, Commissioner of the Bureau of Customs, without submitting his nomination to the CA 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. Confirmation by the CA is required only for presidential appointees mentioned in the first sentence of Section 16, Article VII, including, those officers whose appointments are expressly vested by the Constitution itself in the president (like sectoral representatives to Congress and members of the constitutional commissions of Audit, Civil Service and Election). Confirmation is not required when the President appoints other government officers whose appointments are not otherwise provided for by law or those officers whom he may be authorized by law to appoint (like the Chairman and Members of the Commission on Human Rights). Also, when Congress creates inferior offices but omits to provide for appointment thereto, or provides in an unconstitutional manner for such appointments, the officers are considered as among those whose appointments are not otherwise provided for by law. 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 is already vested in the President, without need of confirmation by the CA and for the reason that confirmation of the head of bureau would lead to political influence. The clear and expressed intent of the framers of the 1987 Constitution is to exclude presidential appointments from confirmation on the Commission on appointments except appointments to offices expressly mentioned in the first sentence of Sec. 16, Art VII. Therefore, the confirmation on the appointment of Commissioners of the Bureau of Customs by the CA is not required.
Notes, if any: Under the 1987 Constitution, Heads of Bureau are removed from the list of officers that needed confirmation from the Commission On Appointment. It enumerated the four (4) groups whom the President shall appoint: Heads of the Executive Departments, Ambassadors, other public minister or consuls, Officers of the Armed Forces from the rank of Colonel or Naval Captain, and Other officers whose appointments are vested in him in him in this Constitution;
The above-mentioned circumstance is the only instance where the appointment made by the President that requires approval from the COA and the following instances are those which does not require approval from COA: All other Officers of the Government whose appointments are not otherwise provided by law; Those whom the President may be authorized by law to appoint; and Officers lower in rank whose appointments the Congress may by law vest in the President alone.
