FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
S.B.No. 2605 
Introduced by SEN, MANNY VILLAR 
EXPLANATORY NOTE 
'10 
NOV 22 
P12 :08 
According to the Constitution, "The President shall have the power to make appointments 
during recess of the Congress, whether voluntary or compulsory, but such appointments shall be 
effective only until disapproved by the Commission on Appointments (CAlor until the next 
adjournment of Congress."l This Executiv'e power may be exercised by the President by appointing 
certain government officials as specified under the Constitution, save members of the Judiciary, and 
in appropriate cases, subject to confirmation by the CA. 
This power of the Commission on 
Appointments to confirm, reject or by-pass an appointment finds its basis in the basic principle of 
checks and balances wherein the three co-equal branches of government can oversee, identify and 
prevent any possible abuses or excesses which the others may perform in the exercise of their powers 
and functions. 
The presidential power of appointment should provide for more safe-guards to prevent 
abuses. 
Hence, under this legislative measure which was originally filed by Sen. Aquilino Q. 
Pimentel Jr. during the 14th Congress: a presidential nominee or ad-interim appointee whose 
appointment is by-passed twice by the Commission on Appointments shall not be re-nominated or 
reappointed by the President. Through t~is bill, the constitutional mandate of the Commission on 
Appointment to act as a check on the presidential appointing power may be realized. 
As oft repeated, public office is a public trust and the public officers who hold these offices 
should always be accountable to the people, serve them with utmost responsibility, integrity, loyalty 
and efficiency. How can one be accountable to the people nor serve them with responsibility, 
integrity, loyalty and efficiency if his nomination cannot even be upheld by the Commission on 
Appointments based on the merit and fitness of his qualifications and yet he is continuously 
reappointed to that office? 
In view thereof, the approval of this bill is requested. 
1 Sec. 16, Art. VII, 1987 Constitution 
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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILII>PINES 
First Regular Session 
) 
) 
) 
S.B. No. 2605 
Introduced by SEN. MANNY VILLAR 
AN ACT 
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(fJff.,. of t~.)hn.!or~ 
'10 
NOV ZZ 
P!2 :09 
PROHIBITING THE PRESIDENTIAL RE-NOMINATION OR RE-APPOINTMENT OF A 
NOMINEE OR AN APPOINTEE WHOSE NOMINATION OR APPOINTMENT HAD BEEN 
TWICE BY-PASSED BY THE COMMISSION ON APPOINTMENTS, BANNING THE 
PAYMENT OF SALARIES, EMOLUMENTS, 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 oLlOIO. 
SECTION 2. Declaration of Policy, The power to appoint high executive officials is vested 
under Article - of the Constitution upon the President. The presidential power is, by mandate of 
Article VII, 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 th6 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 (PIOO,OOO) 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,OOO,OO) 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. 
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SECTION 7. Repealing Clause. -All 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, 
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