Commission on Appointments

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]

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.

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)

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]

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.

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

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

• Chairman: Francis Escudero (ex officio as Senate president)
• Vice Chairman: Ramon Juico Jr.
• Majority Floor Leader: Luis Raymund Villafuerte
  • Assistant Majority Floor Leaders:
    • Joel Villanueva
• Minority Floor Leader: Alan Peter Cayetano
  • Assistant Minority Floor Leaders:
    • Jose Gay Padiernos
    • Johnny Pimentel
• Secretary: Myra Marie D. Villarica
• Sergeant-at-Arms: Nicasio Javier Radovan Jr.

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.

In Bautista vs. Salonga, the Supreme Court ruled that the positions within the Commission on Human Rights are not one of the positions confirmed by the Commission on Appointments, invalidating Bautista's rejection.

• Appointments Clause, clause in the United States Constitution where the commission is based from.

• Official website