‘HOUSE OF REPRESENTATIVES

RECEIVED
Republic of the Philippines 04
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
1st Regular Session RrCISTRATION UNIT
House Bill No. 932 BILLS AND INDEX SERVICE _|

Introduced by Hon. Francis Gerald Aguinaldo Abaya

EXPLANATORY NOTE

The intent of the framers of the Constitution in creating the Commission on
Appointments (CA) is to provide an effective check and balance mechanism between
the executive and legislative branch of government. The ability of the President to
successively re-appoint by-passed nominees is a clear mockery of the above-
mentioned principle enshrined in our fundamental law. The 1987 Constitution,
particularly Article VII, Section 16, mandates the Commission on Appointments to
confirm all Presidential nominees who will occupy key positions in government.

The President has been able to abuse her power to appoint before because of
the ability to consistently reappoint her nominees who have been consecutively by-
passed by the CA. In fact, a Cabinet official who has been successively by-passed for
fifteen (15) times in a span of three (3) years has been re-appointed by the 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, as the President merely re-appoints all her nominees regardless of the
number of times the said nominees have been 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 checks and
balances on the executive's appointing power will rightly be enforced through the
Commission on Appointments

For the foregoing reasons, the approval of this bill is earnestly sought.

ketttad keiek

Representative, Firs cv


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

a9
House Bill No. 982

Introduced by Hon. Francis Gerald Aguinaldo Abaya

AN ACT DECLARING ANY PRESIDENTIAL NOMINEE WHO HAS BEEN
BYPASSED BY THE COMMISSION ON APPOINTMENTS TO BE INELIGIBLE
FOR REAPPOINTMENT BY THE PRESIDENT

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

SECTION 1. Short Title. — This Act shall be known as the “Ineligible
Nominee Act’.

SECTION 2. Declaration of Policy. - It is the policy of the State to uphold
the system of check and balance by subjecting certain appointments by the
President to a confirmation process in Congress to ensure that the appointees have
the integrity, proven track record and are not disqualified to such positions

SECTION 3. Function of the Commission on Appointments. — Upon
nomination of the President, the Commission on Appointments shall act on all
nominations or appointments submitted to it within thirty (30) session days of
Congress from their submission The Commission shall rule by a majority vote of all
the members to consent to or confirm nominations or appointments submitted to it by
the President.

SECTION 4. Duty of the Nominee. — The nominee shall submit to the
Commission on Appointments the documentary requirements within thirty (30) days
from receipt of its nomination or appointment. Failure to submit the requirements
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 the nomination or
appointment.


SECTION 5. 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 upon adjournment of session of Congress.

SECTION 6. Effect of the Bypasses and Disapproval. — A nomination
bypassed for three (3) consecutive instances or disapproved under Section 4 of this
Act by a majority vote of the Commission on Appointments shall render the nominee
ineligible for reappointment.

SECTION 7. Separability Clause. — If any provision of this Act shall be
declared unconstitutional, any provision not affected thereby shall remain in full force
and effect.

SECTION 8. Repealing Clause. ~ All laws, decrees, orders, rules and
regulations, or parts thereof inconsistent with this Act are hereby repealed or
amended accordingly.

SECTION 9. Effectivity. — This Act shall take effect fifteen (15) days following
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,