Mary Concepcion-Bautista vs Commission Appointments & Mallillin

Political Law Appointments CHR

On 27 Aug 1987, Cory designated Bautista as the Acting Chairwoman of CHR. In December of the same year, Cory made the designation of Bautista permanent. The CoA, ignoring the decision in the Mison case, averred that Bautista cannot take her seat w/o their confirmation. Cory, through the Exec Sec, filed with the CoA communications about Bautistasappointment on 14 Jan 1989. Bautista refused to be placed under the CoAs review hence she filed a petition before the SC. On the other hand, Mallillin invoked EO 163-A stating that since CoA refused Bautistas appointment, Bautista should be removed. EO 163-A provides that the tenure of the Chairman and the Commissioners of the CHR should be at the pleasureof the President. ISSUE: Whether or not Bautistas appointment is subject to CoAs confirmation. HELD: Since the position of Chairman of the CHR is not among the positions mentioned in the first sentence of Sec. 16, Art. 7 of the 1987 Constitution, appointments to which are to be made with the confirmation of the CoA it follows that the appointment by the President of the Chairman of the CHR is to be made without the review or participation of the CoA. To be more precise, the appointment of the Chairman and Members of the CHR is not specifically provided for in theConstitution itself, unlike the Chairmen and Members of the CSC, the CoE and the COA, whose appointments are expressly vested by the Constitution in the President with the consent of the CoA. The President appoints the Chairman and Members of the CHR pursuant to the second sentence in Sec 16, Art. 7, that is, without the confirmation of the CoA because they are among the officers of government whom he (the President) may be authorized by law to appoint. And Sec 2(c), EO 163 authorizes the President to appoint the Chairman and Members of the CHR. Because of the fact that the president submitted to the CoA on 14 Jan 1989 the appointment of Bautista, the CoA argued that the president though she has the sole prerogative to make CHR appointments may from time to time ask confirmation with the CoA. This is untenable according to the SC. The Constitution has blocked off certain appointments for the President to make with the participation of the Commission on Appointments, so also has the Constitution mandated that the President can confer no power of participation in the Commission on Appointments over

other appointments exclusively reserved for her by the Constitution. The exercise of political options that finds no support in the Constitution cannot be sustained. Further, EVEN IF THE PRESIDENT MAY VOLUNTARILY SUBMIT TO THE COMMISSION ON APPOINTMENTSAN APPOINTMENT THAT UNDER THE CONSTITUTION SOLELY BELONGS TO HER, STILL, THERE WAS NO VACANCYTO WHICH AN APPOINTMENT COULD BE MADE ON 14 JANUARY 1989. There can be no ad interim appointments in the CHR for the appointment thereto is not subject to CoAs confirmation. Appointments to the CHr is always permanent in nature. The provisions of EO 163-A is unconstitutional and cannot be invoked by Mallillin. The Chairman and the Commissioners of the CHR cannot be removed at the pleasure of the president for it is constitutionally guaranteed that they must have a term of office.
Occena vs. Commission on Elections case digest (Consti-1)