SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodri
Representative Maximo B. Rodriguez, J

House Bill No. 2969

EXPLANATORY NOTE
The Constitution, Article Vil, 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 Goverment 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 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.

\

“a
RUFUS B. RODRISUEZ

MAXIMO B. RODRIGUEZ, JR.


SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES.

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

2969

House Bill No.

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 of
2013",

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 appointments 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,