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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
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SENATE 
S. NO. 3fln2 
Introduced by Senator Antonio ‘‘Sonny” F. Trillanes IV . 
EXPLANATORY NOTE 
Article VII, Section 16 of the Constitution provides that there shall be a Commission on 
Appointments composed of members of the Senate and the House of Representatives which shall 
act on all appointments referred thereto. The Commission, being part of our republican system of 
checks and balances, shall act as a restraint against abuse of the appointing authority, to the end 
kffat the power of disapproval should be exercised to protect and enhance the public interest.’ 
However, the Commission is usually indisposed to exercise its power of disapproval, and 
reluctant to outrightly reject the presidential nominees thus, it would sit on the appointment 
resulting to bypass. Thereafter, instead of reconsidering the appointments withdrawn, the 
President consistently reappoints the same nominees who will occupy key positions in the 
government reserved only for those deserving and approved by the Commission. 
This vicious cycle of simply reappointing the nominees who have been consecutively bypassed 
by the Commission defeats the system of checks and balances between the two co-equal 
branches of government concerned. It effectively leaves the Congress with no teeth in the 
determination of the fitness of nominees seeking for confirmation. 
This bill seeks to put a halt to the aforementioned abuse of Executive power and to strengthen 
the constitutional mandate of the Commission on Appointments by providing limits on the power 
of the President to reappoint bypassed nominees. Nominees who have been bypassed twice shall 
no longer be eligible for reappointment by the President. 
In view of the foregoing, the passage of this bill is earnestly sought 
Senator 
’ Rules of the Commission ofAppointments. Statement ofPolicy. Chapter 1 
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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPEWS 
) 
First Regular Session 
) 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
AN ACT 
SETTING LIMITS ON THE POWER OF TEE PRESIDENT TO REAPPOINT 
BYPASSED NOMINEES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title. This Act shall be known as the “Appointments Conjrmation Act 
of 2008 ”. 
SEC. 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. 
SEC. 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. 
SEC. 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 a d j o m e n t  of the Congress. 
SEC. 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 
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to one (1) bypass. Failure to submit the said requirements within sixty (60) days shall cause the 
disapproval of said nomination or appointment. 
SEC. 6. Eflect of Two (2) Bypasses. Nominees who have been bypassed twice shall 
no longer be eligible for reappointment by the President. 
SEC. I. Eflect 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. 
SEC. 8. Separability Clause. 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. 
SEC. 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. 
SEC. 10. Eflectivity Clause. This Act shall take effect fifteen (15) days after its 
complete publication in at least two (2) newspapers of general circulation. 
Approved, 
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