Commission on Appointments explained

Commission on Appointments
Legislature:19th Congress
Coa Pic:Commission on Appointments (CA), Republic of the Philippines.svg
Coa Res:125px
Coa Alt:Seal of the Commission on Appointments
Body:Congress of the Philippines
Foundation:
(reestablishment)
Leader1 Type:Chairman
Leader1:Francis Escudero
Party1:NPC
Election1:May 20, 2024
Leader2 Type:Vice Chairman
Leader2:Ramon Guico Jr.
Party2:Lakas
Election2:August 23, 2022
Leader3 Type:Majority Leader
Leader3:Luis Raymund Villafuerte
Party3:NUP
Election3:August 23, 2022
Leader4 Type:Minority Leader
Leader4:Alan Peter Cayetano
Party4:independent
Election4:August 23, 2022
Members:24 members
1 ex officio presiding officer
Political Groups1:

5

4

3

3

2

1

  • GP Party: 1
  • PMP

1

1

1

  • Independent: 2
Meeting Place:GSIS Building, Pasay

The Commission on Appointments (Filipino; Pilipino: Komisyon sa Paghirang,[1] abbreviated as CA) is a constitutional body which confirms or rejects certain political appointments made by the President of the Philippines. The current commission was created by the 1987 Constitution.[2]

While often associated with the Congress of the Philippines, which consists of the House of Representatives and the Senate, and mistakenly referred to as a congressional committee,[3] the Commission on Appointments is an independent body from the legislature, though its membership is confined to members of Congress.[2]

Background

The Commission on Appointments confirms certain appointments made by the President of the Philippines. Article VII, Section 16 of the 1987 Constitution reads:

"The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or 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. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.[4]

The Vice President is exempted from a confirmation hearing to any cabinet position.[5] [6] The nomination of a person to the vice presidency due to a vacancy is handled by both houses of Congress, voting separately.

During the operation of the Jones Law, the Senate confirmed the Governor-General's appointments. During the operation of the 1935 Constitution, the commission was composed of 21 members of the National Assembly of the Philippines. With the restoration of the bicameral Congress in 1940, the commission was composed of 12 senators and 12 representatives with the Senate President as the ex officio chairman. During the operation of the 1973 Constitution, the president appointed at will and without "checks and balances" from the then-parliament. The current constitution, which was ratified in 1987, brought back the 25-member commission.[7]

Officials confirmed

  1. Heads of Executive Departments
  2. Ambassadors, other Public Ministers and Consuls
  3. High Ranking Officers of the Armed Forces from the rank of Colonel or Naval Captain
  4. Regular Members of the Judicial and Bar Council
  5. Chairman and Commissioners of the Civil Service Commission
  6. Chairman and Commissioners of the Commission on Elections
  7. Chairman and Commissioners of the Commission on Audit

The appointments of all judges and the Ombudsman need not be confirmed by the Commission on Appointments. Instead, they are recommended by the Judicial and Bar Council in a short list, from which the President shall then choose from.

Prior to the institutionalization of the party-list system, the president appointed the sectoral representatives. Congress then decided to have these confirmed via the commission, as well.

Under the 1935 Constitution

  1. Heads of the executive departments and bureaus
  2. Officers of the Army from the rank of colonel, of the Navy and air forces from the rank of captain or commander
  3. All other officers of the Government whose appointments are not herein otherwise provided for, and those whom he may be authorized by law to appoint
  4. Ambassadors, other public ministers, and consuls
  5. Members of the Supreme Court and all judges of inferior courts
  6. The Resident Commissioner of the Philippines (until 1946)

Composition

The commission is composed of the Senate President, the ex officio chairman, twelve senators, and twelve members of the House of Representatives. Members from each house of Congress are elected based on proportional representation from the political parties and parties or organizations registered under the party-list system represented. The Chairman of the Commission shall vote only in case of a tie. It shall act on all appointments submitted within thirty session days of Congress. It shall be governed by a majority vote of all members.[8]

Procedure

A president can either make a nomination or an appointment. Either action involves the commission.

Most presidential actions are ad interim appointments, done when Congress is not in session. In these cases, the appointment allows the official to discharge the duties related to the office immediately. The ad interim appointment ceases to be valid if the commission explicitly rejects the appointment, or if the commission "bypasses" the appointment. If the commission rejects the appointment, the official is no longer allowed to discharge the duties related to his or her office, and the president has to appoint someone else. If the commission bypasses the official, the president can re-appoint that person.

The president can also nominate an official if Congress is in session. In a "regular" nomination, the official can only discharge the duties once the commission consents to the appointment.

Just as other legislative bodies, the commission is divided into different committees. Each appointment is coursed through the committee concerned. After hearings are held, the committee decides to confirm or reject the appointment; the commission en banc then deliberates on whether to accept the committee's decision.

Meeting place

The commission meets at the GSIS Building in Pasay, the seat of the Senate.

Current membership

These are the members for the 19th Congress of the Philippines:[9]

Party!Bloc
Nancy BinaySenateAt-largeMajority
Ferjenel BironHouse of RepresentativesIloilo–4thMajority
Alan Peter CayetanoSenateAt-largeIndependent
JV EjercitoSenateAt-largeMajority
Francis EscuderoSenateAt-largeMajority
Jinggoy EstradaSenateAt-largeMajority
Albert GarciaHouse of RepresentativesBataan–2ndMajority
Greg GasatayaHouse of RepresentativesBacolodMajority
Ramon Guico Jr.House of RepresentativesPangasinan–5thMajority
Bong GoSenateAt-largeMajority
Risa HontiverosSenateAt-largeMinority
Loren LegardaSenateAt-largeMajority
Oscar MalapitanHouse of RepresentativesCaloocan–1stMajority
Rodante MarcoletaHouse of RepresentativesParty-listMajority
Imee MarcosSenateAt-largeMajority
Lani MercadoHouse of RepresentativesCavite–2ndMajority
Jose Gay PadiernosHouse of RepresentativesParty-listMajority
Johnny PimentelHouse of RepresentativesSurigao del Sur–2ndMajority
Grace PoeSenateAt-largeMajority
Jurdin Jesus RomualdoHouse of RepresentativesCamiguinMajority
Manuel SagarbarriaHouse of RepresentativesNegros Oriental–2ndMajority
Francis TolentinoSenateAt-largeMajority
Luis Raymund VillafuerteHouse of RepresentativesCamarines Sur–2ndMajority
Cynthia VillarSenateAt-largeMajority
Migz ZubiriSenateAt-largeMajority
Party!Senate!House!Total!%
32521%
22417%
03313%
21313%
0228%
1014%
0114%
1014%
0114%
1014%
2+102+18%+1
Total 12+11224+1 100%+1

Rejection of appointment

Rejection by the commission of the president's appointment is very rare. Usually, due to the padrino system of patronage politics, the president's party controls a supermajority of votes in the House of Representatives, thus mirroring its composition of the commission. This means appointments are almost always are approved, although some are not without difficulty.

List of rejection of nominees by the Commission on Appointments
Person chosenPositionYearChosen byReferences
Ramon del Rosario1993 [10]
Chairman of the Civil Service Commission2009 [11]
Gina Lopez2017 [12]
Rafael V. Mariano2017 [13]
Judy Taguiwalo2017 [14]
Paulyn Ubial2017 [15]
Michael Peloton2021 [16]

See also

References

  1. Web site: Mga Constitutional Commission (Lupong Pansaligang Batas) GOVPH . 2023-08-14 . Official Gazette of the Republic of the Philippines . en-US.
  2. News: The Commission on Appointments . February 15, 2019 . Commission on Appointments.
  3. News: Macaraig . Ayee . Confirmation limbo: Long but futile process? . February 15, 2019 . Rappler . June 21, 2014.
  4. http://www.chanrobles.com/philsupremelaw2.html The 1987 Constitution of the Republic of the Philippines
  5. 1987 Constitution of the Philippines, art. 7, sec. 3
  6. News: Valderama . Tita . To whom much is given, much is required . June 6, 2022 . . In short, the vice president is exempted from the scrutiny of the congressional Commission on Appointments when appointed to a Cabinet position. . May 16, 2022.
  7. Web site: Historical Notes. live. https://web.archive.org/web/20210420064717/https://comappt.gov.ph/historical-notes/ . April 20, 2021 .
  8. Web site: Commission on Appointments Official Website . March 13, 2008 . November 20, 2016 . https://web.archive.org/web/20161120004229/http://www.comappt.gov.ph/ . dead .
  9. Web site: 2022-08-24 . CA elects Members for 19th Congress . comappt.gov.ph.
  10. News: Is Yasay the first appointee to be rejected by the CA?. June 11, 2017. Rappler. March 8, 2017. en.
  11. News: Legaspi . Amita . Saludo appointment as CSC chair nixed by CA . February 15, 2019 . GMA News . September 30, 2009.
  12. News: Santos. Elmor P.. CA rejects Gina Lopez appointment as DENR chief. June 11, 2017. CNN Philippines. May 4, 2017. en. June 4, 2017. https://web.archive.org/web/20170604060019/http://cnnphilippines.com/news/2017/05/03/CA-rejects-gina-lopez-denr-secretary.html. dead.
  13. News: CA rejects Rafael Mariano as agrarian reform secretary. Rappler. Geronimo. Jee Y.. September 6, 2017. September 6, 2017.
  14. News: CA rejects Taguiwalo as DSWD secretary. Alvarez. Kathrina Charmaine. August 16, 2017. GMA News Online. August 16, 2017.
  15. News: Placido. Dharel. Ubial rejected as health secretary. October 10, 2017. ABS-CBN News. October 10, 2017.
  16. Web site: Medenilla. Samuel P.. 2021-11-12. Duterte picks Manila chief prosecutor Rey Bulay as new Comelec commissioner Samuel P. Medenilla. 2021-12-22. BusinessMirror. en-US.