FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
673 
Senate Bill No. ----!~....!L_ 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 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 former 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 former 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 of re-appointing nominees who have been consecutively 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. 
The approval of this bill is being earnestly requested. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
673 
) 
) 
) 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
, 
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 2010". 
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 departmel'lts, 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 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.S. 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 Comn;Jission 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,