Quintos DELES v Commission on App

Quintos-Deles vs Commission on Appointments GR No. 83216 September 4, 18

!AC"S# The petitioner and three others were appointed Sectoral Representatives by the President pursuant to Article VII, Section 16, paragraph 2 and Article VIII, Section ! o" the #onstitution$ %ue to the opposition o" so&e congress&en'&e&bers o" the #o&&ission on Appoint&ents, who insisted that sectoral representatives &ust "irst be con"ir&ed by the respondent #o&&ission be"ore they could ta(e their oaths and)or assu&e o""ice as &e&bers o" the *ouse o" Representatives, Spea(er Ra&on V$ +itra, r$ suspended the oathta(ing o" the "our sectoral representatives which was scheduled at the Session *all o" #ongress a"ter the -rder o" .usiness$ In view o" this develop&ent, /0ecutive Secretary #atalino +acaraig, r$ trans&itted on April 2, 133, a letter dated April 11, 133 o" the President addressed to the #o&&ission on Appoint&ents sub&itting "or con"ir&ation the appoint&ents o" the "our sectoral representatives$ +eanwhile, petitioner in a letter dated April 22, 133 addressed to Spea(er Ra&on V$ +itra, r$ 4Anne0 V5 appealed to the *ouse o" Representatives alleging, a&ong others, that since no atte&pt was &ade to sub7ect the sectoral representatives 88 already sitting to the con"ir&ation process, there is no necessity "or such con"ir&ation and sub7ection thereto o" the present batch would certainly be discri&inatory$9 discri&inatory$9 -n +ay 1:, 133, petitioner %eles received an invitation "ro& the #o&&ission on Appoint&ents "or the deliberation o" her appoint&ent as sectoral representative "or wo&en$ Petitioner sent a reply dated +ay 11, 133 e0plaining her position and ;uestioning the 7urisdiction o" the #o&&ission on Appoint&ents over the appoint&ent o" sectoral representatives$ In the +ay 12, 133 &eeting o" the #o&&ittee o" the #onstitutional #o&&issions and -""ices o" the #o&&ission on Appoint&ents, chaired by Sen$ /dgardo $ Angara, the #o&&ittee ruled against the position o" petitioner %eles$ $SS%& %oes the #onstitution re;uire the appoint&ent o" sectoral representatives to the *ouse o" Representatives to be con"ir&ed by the #o&&ission on Appoint&ents< R%'$NG# The petition is dis&issed$ The power to appoint is "unda&entally e0ecutive or presidential in character$ Since the seats reserved "or sectoral representatives in paragraph 2, Section , Art$ VI &ay be "illed by appoint&ent by the President by e0press provision o" Section !, Art$ VIII o" the #onstitution, it is undubitable that sectoral representatives to the *ouse o" Representatives are a&ong the other o""icers whose appoint&ents are vested in the President in this #onstitution,9 re"erred to in the "irst sentence o" Section 16, Art$ VII whose appoint&ents are'sub7ect to con"ir&ation by the #o&&ission on Appoint&ents 4Sar&iento v$ +ison, supra5$ Petitioner=s appoint&ent was "urther&ore &ade pursuant to Art$ VII, Section 16, paragraph 2 which gives the President 9the power to &a(e appoint&ents during the recess o" the #ongress, whether voluntary or co&pulsory, but such appoint&ents shall be e""ective only until disapproval by the #o&&ission on Appoint&ents or until the ne0t ad7ourn&ent o" the #ongress$9 The records show that petitioner=s appoint&ent was &ade on April 6, 133 or while #ongress was in recess 4+arch 26, 133 to April 1!, 1335> hence, the re"erence to the said paragraph 2 o" Section 16, Art$ VII in the appoint&ent e0tended to her$ I&plicit in the invocation o" paragraph 2, Section 16, Art$ VII as authority "or the appoint&ent o" petitioner is, the recognition by the President as appointing authority, that petitioner=s appoint&ent re;uires con"ir&ation by the #o&&ission on Appoint&ents$ As a &atter o" "act, the President had e0pressly sub&itted petitioner=s appoint&ent "or con"ir&ation by the #o&&ission on Appoint&ents$ #onsidering that #ongress had ad7ourned  without respondent #o&&ission on Appoint&ents having acted on petitioner=s appoint&ent, said appoint&ent)no&ination appoint&ent)no&ination had beco&e &oot and acade&ic acade&ic pursuant to Section Section 2? o" the Rules o" respondent respondent #o&&ission #o&&ission and unless unless resub&itt resub&itted ed shall not again be considered considered by the #o&&ission$9 00000000000000000 This is a special civil action "or prohibition and mandamus with in7uction to ce&pel #o&&ission on Appoint&ents to allow Teresita @uintos'%eles to per"or& and discharge her duties as a &e&ber o" *R representing the o&en=s Sector$ Sector$ @uintos'%eles, BopeC 4Douth5, Arteche 4Peasant5 and Teves 4Erban Poor5 have not ta(en their oaths due to the opposition o" so&e congress&en &e&bers o" #o&&ission on Appoint&ents$

1$

Argu&ents o" #o&&ission on Appoint&entsF Sectoral Sectoral represen representative tativess &ust be be "irst con"ir con"ir&ed &ed by #o&&is #o&&ission sion on Appoint&e Appoint&ents nts

Solicitor General=s Argu&entF 1$ Since the President included a letter to to the #o&&ission on Appoint&ents Appoint&ents upon sub&ission sub&ission o" the "our "our sectoral representatives, representatives, thus con"ir&ation is re;uired$ 2$ The appoint&ent was acted during session Argu&ents o" PetitionersF 1$ Sec !, Article VIII does not re;uire con"ir&ation 2$ It=s nowhere in the constitution nor in /- Ho$ 13 is &ention the need "or con"ir&ation Rules o" #ourtF 1$ Sectoral representatives representatives are re"erred re"erred to the "irst sentence o" Sec 16 Art VII 2$ Provisions o" /- Ho$ 13 do not deal with the &anner &anner o" appoint&ent o" sectoral representatives$ It 7ust speci"y the sectors to be presented$ presented$ ?$ %eles appoint&ent was issued not by virtue o" /- Ho$ 13 but pursuant to to Art VII Sec 16 par 2 and Art VIII Sec !$