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ARTICLE VII SECTION 16 CASE 5 of 12 o It is clear in the deliberations of the framers of the constitution that

Quintos-Deles vs Commission on Constitutional Commissions except as to those officers whose appointments require the consent
of the Commission on Appointments by express mandate of the first
FACTS: sentence in Sec. 16, Art. VII, appointments of other officers are left
Petitioner and three others were appointed Sectoral Representatives by the to the President without need of confirmation by the Commission on
President, pursuant to Sec. 16, Art. VII and Sec. 7, Art. XVIII of the Appointments.
Constitution. It is provided for in Sec. 5, Art. VI that seats reserved for sectoral
However, the appointees were unable to take their oath and discharge their representatives may be filled by appointment by the President, by express
duties as members of Congress due to the opposition of some congressmen- provision of Sec. 7, Art. XVIII
members of the Commission on Appointments (CoA), who insists that the Sectoral representatives of the HoR are among the other officers whose
appointment of the sectoral representatives need confirmation from the appointments are vested in the President referred to in the first sentence of
Commission on Appointments. Sec. 16, Art. VII whose appointments are subject to confirmation by the
So the Executive Secretary submitted the appointments of the 4 sectoral Commission on Appointments.
representatives to the CoA for confirmation. The invocation of Sec. 7, Art. XVIII places said appointment w/in the ambit
Petitioner Deles questioned the jurisdiction of the CoA over the appointments of the first sentence of Sec. 16 Art. VII, hence subject to the confirmation of
and contended that the previous appointments of other sectoral the CoA.
representatives were not subjected to the confirmation of the CoA, hence it Furthermore, paragraph 2 of Sec. 16 Art. VII states that:
would be discriminatory to subject them this time. o "the President shall have the power to make appointments during the
But the CoA ruled against the petitioner, hence this petition praying that recess of the Congress, whether voluntary or compulsory, but such
respondent CoA be enjoined from subjecting to confirmation process the appointments shall be effective only until disapproval by the
petitioners appointment as sectoral representative and as member of Commission on Appointments or until the next adjournment of the
Congress. Congress.
Petitioner cited Sec. 7, Art. XVIII of the Constitution, which provides that: Since the petitioners appointment was made during recess of Congress,
o Until a law is passed, the President may fill by appointment from application paragraph 2, Sec. 16 Art VII extends to her.
a list of nominees by the respective sectors, the seats reserved for THUS, Petitioners appointment requires confirmation by the Commission
sectoral representation in paragraph (2), Section 5 of Article V1 of on Appointments.
this Constitution. Petition is DISMISSED for lack of merit.
SolGen took the opposite position, saying that CoA confirmation is required.
CoA also said that confirmation is required in accordance to the Rules of
Commission which requires that nominations/appointments submitted by the
President which are not finally acted upon at the close of the session of
Congress shall be returned to the President, and unless resubmitted, shall not
again be considered by the Commission.

ISSUE:
1. Whether or not the Constitution requires the appointment of sectoral
representatives to the House of Representatives to be confirmed by the
Commission on Appointment.

RULING:
1. YES. Appointment of sectoral representatives requires confirmation by the
Commission on Appointment.

The court has ruled in Sarmiento vs. Mison that in Section 16, Article VII,
appointments to offices mentioned in the first sentence of Section 16 requires
confirmation by the Commission on Appointment.

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