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590
The Case
1
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Antecedent Facts
The Senate and the House of Representatives (Congress)
commenced their regular session on 26 July 2004. The
Commission on Appointments, composed of Senators and
Representatives, was constituted on 25 August 2004.
2
Meanwhile, President Arroyo issued appointments to
respondents as acting secretaries of their respective
departments.
_______________
1
591
Department
Date of
Appointment
Arthur C. Yap
Agriculture
15 August 2004
Alberto G. Romulo
Foreign Affairs
23 August 2004
Raul M. Gonzalez
Justice
23 August 2004
Florencio B. Abad
Education
23 August 2004
Avelino J. Cruz,
Jr.
National Defense
23 August 2004
Rene C. Villa
Agrarian Reform
23 August 2004
Joseph H. Durano
Tourism
23 August 2004
Michael T.
Defensor
Environment and
Natural
Resources
23 August 2004
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592
Issue
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593
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2004, 420 SCRA 438 citing Gil v. Benipayo, G.R. No. 148179, 26 June
2001 (minute resolution).
5
2004, 420 SCRA 438 citing Chief Supt. Acop v. Secretary Guingona, Jr.,
433 Phil. 62; 383 SCRA 577 (2002); Viola v. Hon. Alunan III, 343 Phil.
184; 277 SCRA 409 (1997); Alunan III v. Mira-sol, 342 Phil. 467; 276
SCRA 501 (1997).
6
SCRA 549.
594
594
President
the duty to appoint any particular person to an
8
office.
However, even if the Commission on Appointments is
composed of members of Congress, the exercise of its powers
is executive and not legislative. The Commission on
Appointments does not legislate when it exercises its power
to give or withhold consent to presidential appointments.
Thus:
x x x The Commission on Appointments is a creature of the
Constitution. Although its membership is confined to members of
Congress, said Commission is independent of Congress. The powers
of the Commission do not come from Congress, but emanate directly
from the Constitution. Hence, it is not an agent of Congress. In fact,
the9 functions of the Commissioner are purely executive in nature. x
xx
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On Petitioners Standing
The Solicitor General states that the present petition is a
quo warranto proceeding because, with the exception of
Secretary Ermita, petitioners effectively seek to oust
respondents for unlawfully exercising the powers of
department secretaries. The Solicitor General further states
that petitioners may not claim standing as Senators because
no power of the Commission on Appointments has been
infringed upon or violated by the President. x x x If at all,
the Commission on Appointments as a body (rather than
individual members
of the Congress) may possess standing
10
in this case.
Petitioners, on the other hand, state that the Court can
exercise its certiorari
jurisdiction over unconstitutional acts
11
of the President. Petitioners further contend that they
possess
_______________
See Manalang v. Quitoriano, et al., 94 Phil. 903 (1954); Flores v.
Cunanan v. Tan, Jr., G.R. No. L-19721, 10 May 1962, 5 SCRA 1. But
Rollo, p. 38.
11
Ibid., p. 65.
595
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G.R. No. 159085, 3 February 2004, 421 SCRA 656 citing Philippine
596
10.
Powers
and
Duties
of
the
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Undersecretary.The
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Undersecretary shall:
xxx
(5) Temporarily discharge the duties of the Secretary in the
latters absence or inability to discharge his duties for any cause or
in case of vacancy of the said office, unless otherwise provided by
law. Where there are more than one Undersecretary, the Secretary
shall allocate the foregoing powers and duties among them. The
President shall likewise make the temporary designation of Acting
Secretary from among them; and
xxx
Rollo, p. 14.
14
15
Rollo, p. 12.
597
597
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598
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599
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600
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18
601
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602
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