Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

HOUSE BILL NO. 2773

Introduced by Hon. Emmanuel D. Pacquiao

AN ACT PROHIBITING THE PRESIDENTIAL RE-NOMINATION OR RE-APPOINTMENT OF A
NOMINEE OR APPOINTEE WHOSE NOMINATION OR APPOINTMENT HAD BEEN TWICE BY-
PASSED BY THE COMMISSION ON APPOINTMENTS, BANNING OF SALARIES,
EMOLUMENTS, PER DIEMS TO THE PERSONS CONCERNED AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The power to nominate or appoint certain high officials except members of the
Judiciary is vested by the Constitution upon the President. In appropriate cases, the
presidential power is subject to the authority of the Commission on Appointments to pass
over it. This power to scrutinize the validity of the presidential power to nominate or
appoint and the fitness and qualifications of the nominees or appointees is now embodied
in the constitutional doctrine of checks and balances. The principle ensures that the three
branches of the government act within their respective boundaries ordained by the
Constitution.

Article Vil, Section 16 of the Constitution mandates that the Commission on
Appointments give its consent to or confirm the nominations submitted to it by the
President. If for any reason the Commission on Appointments fails to act on or willfully
rejects the nomination or appointment concerned, the nomination or appointment is
considered by-passed.

In the case of Mafibag vs. Benipayo, (GR 149036, April 2, 2002), an ad interim
appointment that is by-passed is one that has not been finally acted upon the merits by the
CA at the close of the session of Congress. There is no final decision of the CA to give or
withhold its consent to the appointment as required by the Constitution. Absent such
decision, the president may renew the ad interim appointment of a by-passed appointment.

In the light of our experience, however, there is a need to limit this presidential
prerogative to prevent abuse. Hence, under this legislative measure, a presidential nominee
or ad interim appointee whose appointment is by-passed twice by the Commission on
Appointments shall not be re-nominated or re-appointed by the President. If for any reason
such a nominee or appointee hangs on to the office to which the President might have
nominated or appointed him or her, the said appointee shall not be entitled to the payment

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of salaries, emoluments, per diems and other benefits pertaining to the office concerned
and, further, shall be subjected to the penalties provided for in the Act.

Through this bill, the constitutional mandate of the Commission on Appointment to
act as a check on the presidential appointing power may be realized.

In view thereof, est approval of this bill is requested,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

2773

HOUSE BILL NO.

Introduced by Hon. Emmanuel D. Pacquiao

AN ACT PROHIBITING THE PRESIDENTIAL RE-NOMINATION OR RE-APPOINTMENT OF A
NOMINEE OR APPOINTEE WHOSE NOMINATION OR APPOINTMENT HAD BEEN TWICE BY-
PASSED BY THE COMMISSION ON APPOINTMENTS, BANNING OF SALARIES,
EIMOLUMENTS, PER DIEMS TO THE PERSONS CONCERNED AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Title. This Act shall be known as the Non-Renewal of Nominations or
Appointments Act of 2010.

SECTION 2. Declaration of Policy.—The power to appoint high executive officials is
provided for by the Constitution upon the President. The presidential power is, by mandate
of Article Vil, Section 16 of the Constitution, subject to the authority of the Commission on
Appointments to affirm or deny validity to those presidential nominations or appointments.

SECTION 3. By-Passed Nominations and Ad interim Appointments.—A presidential
nomination or an ad interim appointment is deemed by-passed when the Commission on
Appointments fails to act upon on the merits of a nomination or an ad interim appointment
at any recess or final end of any session of Congress.

SECTION 4. Effect of By-passed Nominations or Ad interim Appointments.—A
nominee or an ad interim appointee whose appointment is by-passed twice by the
Commission on Appointments shall be barred from re-nomination or re-appointment by the
President.

SECTION 5. Penalties.—A nominee or appointee twice by-passed by the Commission
on Appointments shall not be re-nominated or re-appointed by the President for the same
office. The Executive Secretary or any member of the Cabinet and any other official working
with the Office of the President who knowingly transmits the re-nomination or re-
appointment papers to the re-nominee or re-appointee shall suffer the penalty of
imprisonment of six months imprisonment or a fine of not more than ONE HUNDRED
THOUSAND PESOS (P100, 000.00) or both such imprisonment and fine at the discretion of
the Court. A nominee or appointee who knowingly accepts a re-nomination or re-


appointment in violation of this Act shall suffer the penalty of three months imprisonment
or a fine of FIFTY THOUSAND PESOS (P50, 000.00) or both such imprisonment and fine at
the discretion of the court. The nominees or the appointees concerned shall likewise not be
entitled to the payment of salaries, emoluments, per diems and other benefits pertaining to
the offices concerned under any guise or form whatsoever.

SECTION 6. Separability Clause.—If any provision of this Act is declared
unconstitutional, any other provision not affected thereby remains in force and effect.

SECTION 7. Repealing Clause.—Alll laws, decrees, orders, rules and regulations, or
parts thereof inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 8. Effectivity.—This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

APPROVED,