Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2553

Authored by HON. JOSEPH VICTOR G. EJERCITO
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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.

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JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2553

Authored by HON. JOSEPH VICTOR G. EJERCITO

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 departments,
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.5. 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 Commission 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. -A\| 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,