14'h Congress of the Republic 
) 
of the Philippines 
) 
Second Regular Session 
) 
SENATE 
,.. 9 JAN 12 f'! :5 
~~~~~\~~~ ~ ' V  
.. 
..., 
Introduced by Senator Aquilino Q. Pimentel, Jr. 
EXPLANATORY NOTE 
The power to nominate or appoint certain high officials except members of 
the Judiciary is vested by the Constitution upon the President. In appropriate 
cases, the presidential power is subject to the authority of the Commission on 
Appointments to pass over it. 
This power to scrutinize the validity of the presidential power to nominate 
or appoint and the fitness and qualifications of the nominees or appointees is 
now embodied in the constitutional doctrine of checks and balances. The 
principle ensures that the three branches of the government act within their 
respective boundaries ordained by the Constitution. 
Article VII, Section 16 of the Constitution mandates that the Commission 
on Appointments give its consent to or confirm the nominations submitted to it by 
the President. If for any reason the Commission on Appointments fails to act on 
or willfully rejects the nomination or appointment concerned, the nomination or 
appointment is considered by-passed. 
In the case of Mafibag vs. Benipayo, (GR 149036, April 2, 2002), an ad- 
interim appointment that is by-passed is one that has not been finally acted upon 
the merits by the CA at the close of the session of Congress. There is no final 
decision of the CA to give or withhold its consent to the appointment as required 
by the Constitution. Absent such decision, the president may renew the ad- 
interim appointment of a by-passed appointment. 
In the light of our experience, however, there is a need to limit this 
presidential prerogative to prevent abuse. Hence, under this legislative measure, 
a presidential nominee or ad-interim appointee whose appointment is by-passed 
twice by the Commission on Appointments shall not be re-nominated or re- 
appointed by the President. If for any reason such a nominee or appointee hangs 
on to the office to which the President might have nominated or appointed him or 
her, the said appointee shall not be entitled to the payment of salaries, 
emoluments, per diems and other benefits pertaining to the office concerned and, 
further, shall be subject to the penalties provided.for in the Act. 
Through this bill, the constitutional mandate of the Commission on 
Appointment to act as a check on the presidential appointing power may be 
realized. 
In view thereof, earnest approval of this bill is requested. 
AQUlLlNO Q. PIMENTEL, JR. 


14Ih Congress of the Republic 
of the Philippines 
Second Regular Session 
4 
Introduced by Senator Aquilino Q. PimenR$lf3r.VFI) IW 
AN ACT 
NOMINEE OR AN APPOINTEE WHOSE NOMINATION OR APPOINTMENT HAD BEEN 
OF SALARIES, EMOLUMENTS, PER DIEMS TO THE PERSONS CONCERNED, AND FOR 
OTHER PURPOSES 
PROHIBITING THE PRESIDENTIAL RE-NOMINATION OR RE-APPOINTMENT OF A 
TWICE BY-PASSED BY THE COMMISSION ON APPOINTMENTS, BANNING THE PAYMENT 
Be it enacted by the Senate and House of Representatives in Congress assembled: 
SECTION 1. Title. This Act shall be known as the Non-Renewal of Nominations or 
Appointments Act of 2008. 
SECTION 2. Declaration of Policy, The power to appoint high executive officials is 
vested under Article - of the Constitution upon the President. The presidential power is, by 
mandate of Article VII, Section 16 of the Constitution, subject to the authority of the Commission 
on Appointments to affirm or deny validity to those presidential nominations or appointments. 
By-Passed Nominations and Ad-Interim Appointments. A presidential 
nomination or an ad-interim appointment is deemed by-passed when the Commission on 
Appointments fails to act upon on the merits of a nomination or an ad-interim appointment at any 
recess or final end of any session of Congress. 
SECTION 4. Effect of By-passed Nominations or Ad-lnterim Appointments. A nominee or 
an ad-interim appointee whose appointment is by-passed twice by the Commission on 
Appointments shall be barred from re-nomination or re-appointment by the President. 
SECTION 3. 
SECTION 5. Penalties. A nominee or appointee twice by-passed by the Commission on 
Appointments shall not be re-nominated or re-appointed by the President for the same office. 
The Executive Secretary or any member of the Cabinet and any other official working with the 
Office of the President who knowingly transmits the re-nomination or re-appointment.papers to 
the re-nominee or re-appointee shall suffer the penalty of imprisonment of six months 
imprisonment or a fine of not more than ONE HUNDRED THOUSAND PESOS (P100,OOO) or 
both such imprisonment and fine at the discretion of the Court. 
A nominee or appointee who knowingly accepts a re-nomination or re-appointment in 
violation of this Act shall suffer the penalty of three months imprisonment or a fine of FIFTY 
THOUSAND PESOS (P50,OOO.OO) or both such imprisonment and fine at the discretion of the 
court. 
The nominees or the appointees concerned shall likewise not be entitled to the payment 
of salaries, emoluments, per diems and other benefits pertaining to the offices concerned under 
any guise or form whatsoever. 
SECTION 6. Separability Clause. - If any provision of this Act is declared 
unconstitutional, any other provision not affected thereby remains in force and effect. 
SECTION 7. Repealing Clause. -All laws, decrees, orders, rules and regulations, or parts 
thereof inconsistent with this Act are hereby repealed or amended accordingly. 
SECTION 8. Effectivity. -This Act shall take effect fifleen (15) days afler its publication in 
at least two (2) newspapers of general circulation. 
APPROVED: