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SEVENTEENTH CONGRESS ) f >” RECEIVED @
REPUBLIC OF THE PHILIPPINES ) {3 ECEIVED
First Regular Session ) DATE: 14 2016

HOUSE OF REPRESENTATIVES

introduced by Representative Maximo B. Rodriguez, Jr.
House Bill No. A681
EXPLANATORY NOTE
The Constitution, Article VI, Section 16, provides:

“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 vested in him in this Constitution, He shall also appoint
all other officers of the Goverment 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,

“The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until disapproval by the Commission on Appointments or
Until the next adjournment of the Congress”

The Commission on Appointments is usually reluctant to reject outright the presidential
nominees, hence, would not confirm the appointment resulting to bypass.

However, despite such bypass, the president would reappoint the same nominees.

This practice of simply reappointing her nominees even after several bypasses subverts the
principle of confirmation mandated by our Constitution

Further, this situation makes a mockery of the constitutional duties of the Commission on
Appointments to confirm and reject presidential appointees on the basis of the check and balance
powers of the legislative branch of the government.

This bill seeks to uphold the constitutional duties of the Commission on Appointments by
setting limits on the power of the President to reappoint bypassed nominees.

For the foregoing reasons, the passage of this bill is earnestly sought

MAXIMO B/RQBRIGUEZ, JR.


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.
House Bit No.4681

AN ACT
SETTING LIMITS ON THE POWER OF THE PRESIDENT TO REAPPOINT BYPASSED NOMINEES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

Section 1. Short Title. ~This Act may be cited as the “Appointments Confirmation Act’

Section 2. Declaration of Policy. — It is the policy of the state to subject certain appointments by the
President to a confirmation process in Congress to ensure that the persons appointed have integrity
and proven track record and are not disqualified to such positions:

Section 3. Presidential Appointments subject to Confirmation by the Commission on
Appointments. — The President shall nominate and with the consent of the Commission on
Appointments, the heads of the executive departments; ambassadors, or other public ministers and
consuls and officers of the armed forces from the rank of colonel or naval captain.

Section 4. Presidential Appointments during recess of the Congress. ~ The President shall have
the power to make appointments during the recess of the Congress, whether voluntary or compulsory,
but such appaintments shall be effective only until disapproval by the Commission on Appointments or
until the next adjournment of the Congress.

Section 5. Duty of the Nominees. ~ The nominees shall submit to the Commission on Appointments
the documentary requirements within thirty (30) days from receipt of his nomination or appointment
Failure to submit the same within the required period is equivalent to one (1) bypass. Failure to submit
the said requirements within sixty (60) days shall cause the disapproval of said nomination or
appointment

Section 6. Effect of Two (2) bypasses. ~ Nominees who have been bypassed twice shall no longer
be eligible for reappointment by the President.

Section 7. Effect of Disapproval by the Commission on Appointments. - Nominees who have
been disapproved by a vote of the Commission on Appointments shall no longer be eligible for
reappointment by the president.

Section 8. Separability. — If any provision or part hereof is held invalid or unconstitutional, the
remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Section 9. Repealing Clause. ~ Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to, or inconsistent with, the provisions of
this Act, is hereby repealed, modified, or amended accordingly.

Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete
Publication in at least two (2) newspapers of general circulation.

Approved,