Bill to limit President’s reappointment power of bypassed officials

THE House Committee on Revision of Laws is considering the approval of a bill setting limits on the power of the President to reappoint bypassed nominees.

“This practice of simply reappointing a presidential nominee even after several bypasses by the Commission on Appointments (CA) subverts the principle of confirmation mandated by the Constitution,” said Rep. Rufus Rodriguez (2nd District, Cagayan de Oro City) who authored House Bill 1647.

The measure’s proposed provisions will still have to undergo fine tuning by a technical working group that may soon be formed by committee chairperson Rep. Marlyn Primicias-Agabas (6th District, Pangasinan) before the final committee action come resumption of session in July.

Rodriguez cited Article VII, of the Constitution, which states that “the President shall nominate and, with the consent of the Commission of Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consults, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution.”

Rodriguez said the Constitution further states that “the President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of Congress.”

“The CA is usually reluctant to reject outright the presidential nominees, hence, would not confirm the appointment resulting in bypass,” Rodriguez said.

Rodriguez said the situation makes a mockery of the constitutional duties of the CA to confirm and reject presidential appointees on the basis of the check and balance powers of the legislative branch of the government.

Under the bill co-authored by Rep. Maximo Rodriguez, Jr. (Party-list, Abante Mindanao), the nominees shall submit to the CA the documentary requirements within 30 days from receipt of his nomination or appointment.  Failure to submit the same within the required period is equivalent to one bypass.  Failure to submit the requirements within 60 days shall cause the disapproval of nomination or appointment.

Furthermore, the bill provides that nominees who have been bypassed twice shall no longer be eligible for reappointment by the President.

The bill also states the effect of disapproval by the CA – “nominees who have been disapproved by a vote of the CA shall no longer be eligible for reappointment by the president.”


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