FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. ~499 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The intent of the framers of the Constitution in creating the Commission on 
Appointments (CA) was to provide an effective check and balance mechanism between the 
executive and legislative branches of government. The act of the President in successively re-
appointing bypassed nominees is a clear mockery of this principle enshrined in our fundamental 
law. The 1987 Constitution, Article 7, Section 16, mandates the CA to confirm all presidential 
nominees who will be occupying key positions in government. 
Past presidents may have abused the power to appoint because of the re-appointment of 
some nominees who have been consecutively by-passed 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 
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 been forced through the CA. 
This bill was originally filed by President Benigno S. Aquino III during the Fourteenth 
Congress. 
1 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator Miriam Defensor S'antiago 
1 
AN ACT 
2 
LIMITING THE RE-APPOINTMENT OF PRESIDENTIAL NOMINEES BY-PASSED 
3 
BY THE COMMISSION ON APPOINTMENTS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
4 
SECTION 1. Short Title, - This Act shall be known as the "Appointee Ineligibility Act". 
5 
SECTION 2. Declaration of Policy, - It is the policy of any democratic State to uphold 
6 
the system of checks and balances as provided by the Constitution. 
7 
The Constitution, Article 7, Section 16 empowers the President to nominate and, with the 
8 
consent of the Commission on Appointments, appoint the heads of executive departments, 
9 
ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of 
10 
colonel or naval captain, the regular members of the Judicial and Bar Council and the members 
11 
of the Civil Service Commission, Commission on Elections and the Commission on Audit. 
12 
On the other hand, Article 6, Section 18 states that the Commission on Appointments 
13 
shall act onall appointments submitted to it within thirty (30) session days of the Congress from 
14 
their submission. 
15 
SECTION 3. Statement of Objective, - This Act seeks to apply the system of check and 
16 
balance between the legislative and the executive in the determination of the qualification and 
17 
fitness of any presidential nominee seeking confirmation. 
18 
SECTION 4. By-passed Nominee. - For purposes of this Act, a by-passed nominee is one 
19 
whose appointment has not been favorably acted upon by the Commission on Appointments at 
20 
the close of the session of Congress. 
1 


• 
1 
SECTION 5. Ineligibility of Nominee. - The Commission on Appointments shall declare 
2 
nominees by-passed for three (3) consecutive instances as "ineligible". 
3 
SECTION 6. Effect of the Ineligibility of the Nominee. - Any nominee declared ineligible 
4 
by the Commission on Appointments under this Act shall be barred from being re-appointed or 
5 
appointed by the same President to any of the positions provided under the Constitution, Article 
6 
7, Section 16. 
7 
SECT,ION 7. Separability Clause. - If any provision of this Act shall be declared 
8 
unconstitutional, any other provision not affected thereby shall remain in full force and effect. 
9 
SECTION 8. Repealing Clause. - All laws, decrees, orders, rules and regulations, or 
10 
parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
11 
SECTION 9. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
12 
in at least two (2) newspapers of general circulation. 
Approved, 
2