FOURTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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IICTi!'r 
First Regular Session 
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SENATE 
Introduced by Senator Benigno S. Aquino 111 
EXPLANATORY NOTE 
The intent of the framers of the Constitution in creating the 
Commission on Appointments was to provide an effective check and 
balance mechanism between the executive and legislative branch of 
government. The act of the President in successively re-appointing by- 
passed nominees is a clear mockery of the above mentioned principle 
enshrined in our fundamental law. The 1987 Constitution, particularly 
Article VII, Section 16, mandates the Commission on Appointments (CA) 
to confirm all Presidential nominees who will occupy key positions in 
government. 
The President has abused her power to appoint because of her 
consistent re-appointment of her nominees who have been consecutively 
by-passed by the Commission on Appointments. In fact, a Cabinet official 
who has been successively by-passed for fifteen (15) times in a span of 
three (3) years have been re-appointed by the President and allowed to 
continue performing the functions reserved only to those officials whose 
nominations have been confirmed by the CA. 
The CA's constitutional mandate to serve as an effective check 
against the possible abuse of the President's power to appoint is thus 
frustrated by the current practice, as the President merely re-appoints all 
her nominees regardless of the number of times the said nominees have 
been by-passed by the CA. The restraint against possible abuse of the 
President's appointing power is clearly rendered ineffective if not totally 
non-existent. 
Through this proposed bill, the mandated constitutional principle 
of check and balance on the executive's appointing power will rightly be 
enforced through the Commission on Appointments. 
For these reasons, the approval of this bill is being earnestly 
requested. 


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FOURTEENTH CONGRESS OF THE REPUBLIC 
1 
First Regular Session 
1 
OF THE PHILIPPINES 
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SENATE 
s. NO. 17%9 
Introduced by Senator Benign0 S. Aquino 111 
AN ACT 
LIMITING THE RE-APPOINTMENT OF PRESIDENTIAL NOMINEES BY- 
PASSED BY THE COMMISSION ON APPOINTMENTS (CA) 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. This Act shall be known as the "Appointee Ineligibility 
Act of 2007". 
SEC. 2. Declaration of Policy - It is the policy of any democratic 
State to uphold the system of checks and balances as provided by the 
Constitution. 
Article VII, Section 16 of the Constitution empowers the President 
to nominate and, with the consent of the Commission on Appointments, 
appoint the heads of executive departments, ambassadors, other public 
ministers and consuls, or officers of the armed forces from the rank of 
colonel or naval captain, the regular members of the Judicial and Bar 
Council and the members of the Civil Service Commission, Commission 
on Elections and the Commission on Audit. 
On the other hand, Article VI, Section 18 states that the 
Commission on Appointments shall act on all appointments submitted to 
it within thirty session days of the Congress from their submission. 
SEC. 3. Statement of Objectives - This law seeks to apply the 
system of check and balance between the legislative and the executive in 
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the determination of the qualification and fitness of any presidential 
nominee seeking confirmation. 
SEC.4. Bypassed Nominee - For purposes of this Act, a by-passed 
nominee is one whose appointment has not been favorably acted upon 
by the Commission on Appointments at the close of the session of 
Congress. 
SEC.5. Ineligibility of Nominee. - Nominees by-passed for three (3) 
consecutive instances shall be declared as “ineligible” by the Commission 
on Appointments. 
SEC.6. Effect of the Ineligibility of the Nominee. - Any nominee 
declared Ineligible by the Commission on Appointments under this Act 
shall be barred from being re-appointed or appointed by the same 
President to any of the positions provided under Article VII, Section 16 of 
the Constitution. 
SEC. 7. Separability Clause. - If any provision of this Act shall be 
declared unconstitutional, any other provision not affected thereby shall 
remain in full force and effect. 
SEC. 8. Repealing Clause. - All laws, decrees, orders, rules and 
regulations, or parts thereof inconsistent with this Act are hereby 
repealed or amended accordingly. 
SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
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