Power to Appoint
The POWER of appointment is vested in the President by the Constitution. Under this provision, there are two kinds of presidential appointments:
- appointments made during the session of Congress or the so-called regular appointments or nominations, and
- appointments made during the recess of Congress which are also known as ad interim appointments.
The regular appointments which are contemplated under the first paragraph of Article VII, Section 16 of the 1987 Constitution go through the following stages:
- acceptance by the nominee
What the President sends to the Commission is just a nomination. After the Commission has given its consent, the President issues the appointment. It is only when the last stage has been completed may the officer concerned take his oath of office.
The second paragraph of Article VII, Sec. 16, of the 1987 Constitution also empowers the President to issue appointments while Congress is not in session. Such appointments are called ad interim appointments, and it goes through the following stages:
An ad interim appointment is permanent in nature and takes effect immediately. Thus, one who was issued an ad interim appointment may immediately enter upon the discharge of his functions.
An ad interim appointment ceases to be valid upon disapproval by the Commission on Appointments or, if not confirmed, until the next adjournment of Congress.
Officers subject to confirmation
Under Section 16, Article VII of the 1987 Constitution, there are two classes of public officers whose appointments need confirmation. These are:
1. The heads of the executive departments, ambassadors, other public ministers and consuls, officers of the armed forces from the rank of colonel or naval captain; and
2. Other officers whose appointments are vested in the President under the 1987 Constitution. The officers referred to under this provision are the Chairpersons and Members of the Constitutional Commissions, such as the Commission on Elections, the Commission on Audit, and the Civil Service Commission; as well as the regular Members of the Judicial and Bar Council.