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SIXTEENTH CONGRESS OF THE 
~ 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
'14 
MAY 27 All :08 
SENATE 
S.No. 2246 
, 
Introduced by Senator AntoniJ "Sonny" F. Trillanes IV 
AN [ACT 
SETTING THE LIMITS ON THE POWER ~F THE PRESIDENT TO REAPPOINT 
BYPASSED NOMINEES 
EXPLANATORY NOTE 
Article VII, Section 16 of the Constitution 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 consti!s, 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 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 
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courts, or in the heads of departments, agencies, commissions. or boards. 
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"The President shall have the power to mdke appointments during the recess of 
the Congress, whether voluntary or compu(sory, but such appointments shall be 
effective only until disapproval by the Commission on Appointments or until the 
next adjournment of the Congress." 
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The Commission on Appointments is usually reluctant to reject outright the presidential 
nominees, hence, would not confirm the appointment resulting to bypass. Conversely, despite 
being bypassed, the President oftentimes reappoints:the same nominees. 
This practice of simply reappointing the nomi~efs 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 Commissi'oll, on Appointments to confirm and rej ect 
presidential appointees on the basis of the check and balance powers of the legislative branch of 
the government. 
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! 
This bill seeks to uphold the constitutional duties o~ the Commission on Appointments by setting 
limits on the power of the President to rellPpoint bypassed nominees. 
For the foregoing reasons, the passage of this bill is ,earnestly sought. 
NlO" O~ 
1'~I!ANESIV 
Senato 
. 
1 


SIXTEENTH CONGRESS OF THE . 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
I 
) 
) 
) 
SENATE 
S.No. 2246 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
s,enatr 
I@fl,;,of Ik$!< .. rtb;~ 
14 MAY 27 All:08 
SETTING THE 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: 
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SECTION 1. Title. -- This Act shall be known as the "Appointments Continuation Act of 
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2014". 
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SEC. 2. Declaration of Policy. - It is the policy of the state to subject certain 
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appointments by the President to a continuation process in Congress to ensure that the persons 
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appointed have integrity and proven track record and are not disqualified to such positions. 
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SEC. 3. Presidential Appointments subject to Confirmation by the Commission on 
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Appointments. - The President shall nominate and with the consent of the Commission on 
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Appointments, the heads of the executive dep!trtments; ambassadors, or other public ministers 
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and consuls and officers ofthe armed forces from the rank of colonel or naval captain. 
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SEC. 4. Presidential Appointments during recess of the Congress. - The President shall 
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have the power to make IIPpointments during the recess of the Congress, whether voluntary or 
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compulsory, but such appointments shaH be effective only until disapproval by the Commission 
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on Appointments or until the next adjournment of the Congress. 
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SEC. 5. Duty of the Nominees. - The nominees shall submit to the Commission on 
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Appointments the documentary requirements within thirty (30). days from receipt of his 
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nomination or appointment. Failure to submit the same within the rbquired pedod is equivalent 
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to one (1) bypass. Failure to submit s~id requirements within sixty (60) days shall cause the 
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disapproval of said nomination or appointment. 
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SEC. 6. Effect of Two (2) Bypahes. - Nqminees who have been bypassed twice shall no 
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longer be eligible for reappointment by the President. 
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SEC. 7. Effect of Disapproval by the Commission on Appointments. - Nominees who 
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have been disapproved by a vote ofthe Commission on Appointments shall no longer be eligible 
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for reappointment by the President. 
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SEC. 8. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
26 . valid and subsisting. 
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SEC. 9. Repealing Clause. - Any la~, 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. 
4 
SEC. 10. Effectivity Clause. - This Act shall take effect' fifteen (15) days after its 
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complete publication in at least two (2) nywspapers of general circulation. 
Approved. 
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