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]
"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]
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
Heads of the executive departments and bureaus
Officers of the Army from the rank of colonel, of the Navy and air forces from the rank of captain or commander
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
Ambassadors, other public ministers, and consuls
Members of the Supreme Court and all judges of inferior courts
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.
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
^1987 Constitution of the Philippines, art. 7, sec. 3
^Valderama, Tita (May 16, 2022). "To whom much is given, much is required". The Manila Times. Retrieved 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.
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