Você está na página 1de 2

APPOINTING POWER

Appointment is one mode of putting a person in office in which an appointing authority selects a
person to discharge the functions of an appointive office. The power is exercised by the President.

Discretionary Power

The power of choice is the heart of the power to appoint. Appointment involves an exercise of
discretion of whom to appoint. Hence when the Congress clothes the President with the power to
appoint an officer, it cannot at the same time limit the choice of the President to only one
candidate. Such enactment eliminates the discretion of the appointing power to choose and
constitutes an irregular restriction on the power of appointment. Cite: Flores v. Drilon, GR 104732,
June 22, 1993

Classes of Appointment

1. Appointment by an Acting President;


2. Temporary appointment;
3. Regular appointment ; and
4. Ad interim appointment

Discussion

Appointments Distinguished from Each Other.

Appointment by an Acting President. It may be revoked by the elected President within


ninety days from his assumption or reassumption of office. If it were not revoked, the
appointment remains effective, as if it were the President-elect who made the appointment.

Temporary appointment. It is an appointment made prior to a presidential election that is


subject to a possible cancellation or revocation of the President-elect.

Regular appointment. It is a presidential appointment made with or without the consent of


the Commission on Appointments.

Ad interim appointment. It is an appointment made during the recess of the Congress,


whether voluntary or compulsory, which is effective until disapproved by the Commission
on Appointments or until the next adjournment of the Congress

Appointments subject to confirmation of Commission on Appointments

Section 16, Article VII provides an exclusive list of Presidential appointees whose appointments
require the confirmation of the Commission on Appointments. These officials are the following:
o The department secretaries, ambassadors, other public ministers and consuls;
o Officers of the armed forces from the rank of colonel or naval captain;
o Other officers whose appointments are vested in him in the Constitution;
o All other officers of the Government whose appointments are not otherwise provided for by
law, and those whom he may be authorized by law to appoint; and
o The heads of departments, agencies, commissions, boards, those lower in rank in the
President. Members of the Constitutional Commissions and regular members of the
Judicial and Bar Council are officers whose appointments are vested in him in the
Constitution. Cite: Sarmiento v. Mison, 156 SCRA 549

Limitations on the Appointment Power

Two months immediately before the next presidential elections up to the end of his term, a
President or Acting President shall not make appointments, except temporary appointments to
executive positions when continued vacancies therein will prejudice public service or endanger
public safety (Article VII, Section 15).

Power of Removal

As a general rule, the power of removal may be implied from the power of appointment. However,
the President cannot remove officials appointed by him where the Constitution prescribes certain
methods for separation of such officers from public service, e.g., Chairmen and Commissioners of
Constitutional Commissions who can be removed only by impeachment, or judges who are subject
to the disciplinary authority of the Supreme Court. In the cases where the power of removal is
lodged in the President, the same may be exercised only for cause as may be provided by law, and
in accordance with the prescribed administrative procedure