Fostering a more efficient and more transparent Commission on Appointments: A proposal for changes in the confirmation process under the 1987 Constitution

• Main Author: Velasco, Norman F.
• Format: text
• Language: English
• Published: Animo Repository 2015
• Subjects: Philippines—Officials and employees—Selection and appointment; Philippines. Commission of Appointments; Administrative Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_masteral/6809
• Institution: De La Salle University

The intended duty of the Commission on Appointments (CA) is to “serve as an administrative check on the appointing authority of the President,” by consenting to or confirming “nominations or appointments submitted to it by the President” under Article VII, Section 16 of the 1987 Constitution which states appointments which require acquiescence by the CA.1 In some cases, particularly those involving controversial appointees, the cycle of bypassing and reappointing of officials appointed by the President has become the norm. It takes quite a while – sometimes years, for appointments not only to get confirmed but also to simply have them scheduled for hearing.2 The President of the Philippines has also abused his right to issue ad interim appointment. Instead of such appointment becoming the exception, it is now concerned as the general rule on appointments. As a result, even if the appointee is not qualified or his background is questionable, he can still exercise the functions of the office where he was appointed into. 1JOAQUIN G. BERNAS, S.J., THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES: A COMMENTARY 760 (2009). 2Id. There is also the lack of transparency on how proceedings are conducted in the CA, particularly on the grounds of how and when can members suspend not only their internal rules, but also the consideration of an appointment. The thirty-session-day rule mentioned in the 1987 Constitution is not clear regarding the specific act/s the CA needs to perform to comply with the aforementioned timeframe. The President has also abused the rule on ad interim appointments by purposely making such appointments even if there are events of national importance are forthcoming. Such appointments are effective until disapproved by the CA or until the Congress goes into recess. Based on all these, it appears that there is a need to make changes in the confirmation proceedings. There will be proposed administrative and constitutional changes to remedy the aforementioned problems.