power of appointment

• presidential powers: power of appointment

  • the legislative can create office, but only the Executive can fill it; Congress cannot circumvent this by setting very narrow qualifications such that the only one person is qualified to hold office
• power of appointment: general

  • the President shall nominate and, with the consent of the Commission of Appointment, 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
• power of appointment: general

  • the President shall appoint all other officers of the Government whose appointments are not otherwise provided by the law, and those whom needed authorization by the law to be appointed
• power of appointment: general

  • the Congress may vest the appointments of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards
• power of appointment: general

  • the President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until after disapproval by the Commission on Appointments or until the next adjournment of the Congress
• appointment = selection by the proper authority of an individual who is to exercise the powers and functions of a given office. appointee has a right to claim compensation as stated in the appointment
• designation = imposition of additional duties, usually by the law, upon a person already in public service of an earlier appointment. does not entail payment of additional benefits or grants upon the person designated
• commission = written evidence of the appointment
• steps in appointing process

  • FIRST = nomination by the President
• steps in appointing process

  • SECOND = confirmation by the Commission on Appointments
• steps in appointing process

  • THIRD = issuance of commission
• steps in appointing process

  • FOURTH = acceptance by the appointee
• types of appointment

  • regular = if the Congress is in session
• types of appointment

  • ad interim = during the recess of Congress because the CA shall meet only while Congress is in session (SEC. 19, ART. 7)
• types of appointment

  • temporary = can be withdrawn or revoked at the pleasure of the appointing power
• types of appointment

  • temporary = the appointee does not enjoy security of tenure
• power of appointment: limitations

  • SEC. 13, ART. 7 = the spouse and relatives by consanguinity or affinity within the 4th civil degree of the President shall not be appointed as Members of Constitutional Commission, Members of the Office of the Ombudsman, Secretaries and Undersecretaries, Chairmen or Heads of Bureaus or Offices
• power of appointment: limitations

  • SEC. 16, ART. 7 = recess (ad interim) appointment: the President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress
• power of appointment: midnight appointment ban

  • SEC. 15, ART. 7 = 2 months immediately before the next Presidential elections (2nd Monday of March), and up to the end of their term (June 30), a President shall not make appointments
• appointing power of the acting president

  • SEC. 14, ART. 7 = appointments extended by an Acting President shall remain effective unless revoked by the elected President within 90 days from their assumption or re-assumption of office