University of the Philippines Open University

Faculty of Management and Development Studies

Master of Management Program

KEITH WALLY Y. BALAMBAN October 24, 2019

PM 208 PAS Faculty-in-Charge: MCVPenalosa

FORUM 4
The Philippine Bureaucracy: Policy Framework

“If there is one provision in the 1987 Constitution on the administrative power of the
President over the bureaucracy or any of its officials that you want amended, what will
this be? What will be your amendment?” and Why?

The 1987 Constitution provided several administrative powers to the President, which
includes the power to select an individual who will exercise the functions of government
offices. I proposed to amend the provision with respect to the power of appointment and
designation of the President in the exercise of his executive powers provided under the 1987
Constitution particularly Article VII – Executive Department, Section 16, which states
that:

“SECTION 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive departments,
ambassadors, other public ministers and consuls, 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. He shall also appoint 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.
The Congress may, by law, vest the appointment of other officers lower in rank
in the President alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.

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 after disapproval by the Commission on Appointments or
until the next adjournment of the Congress.”

I intend to propose the amendment, removal deletion of certain phrases and

paragraphs in the provision and maintain the same as part of the Executive Department
provisions considering that the power of appointment and designation is still vested with the
President but subject to conditions. The provision will be as follows:

“The President shall nominate and appoint, with the concurrence of the
Congress and under the qualifications provided by law, the heads of the
executive departments, ambassadors, other public ministers and consuls, 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. He
shall also appoint all other officers of the Government whose appointments are
 not otherwise provided for by law, subject to the qualifications provided for
by law of the concerned departments, agencies, commission or boards.

The President shall have the power to make designations, even during the
recess of the Congress, to the offices of the concerned departments,
agencies, commission or boards, but such designation shall be effective
only until a regular appointment has been made.

The main reason for the proposed amendment is to maintain the integrity,
independence and probity of executive, legislative and judicial functions vested in the
selection and performance of the given departments considering that under the doctrine of our
constitutional law we adhere to the separation of powers of the three branches of the
government as a vital system for checks and balances.

The amended provision delineates the power of appointment with respect to the heads
of department ambassadors, other public ministers and consuls, 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 requires the concurrence of the Congress not only of the
Commission of Appointments and with added qualifications on the merit and fitness of
appointees particularly as those provided under the Civil Service Law.

With respect to the other appointments that do not need concurrence of the Congress,
qualifications based on the merit and fitness rule is also needed to assure that only those
individuals that passed the test of requirements under the Civil Service Law as well as to the
law that created and provided the mandates of the concerned departments, agencies,
commission or boards. The appointing power provision with respect to the courts particularly
on the members of the Supreme Court and judges of the lower courts recommended by the
Judicial and Bar Council is deleted considering that it should be under the prerogative of the
judicial department again for the reason of checks and balances under the separation of
powers. Judicial history shows that such powers come under fire when used blatantly by
presidents to protect their own interests

The 2nd paragraph of the provision is entirely amended to reflect the power of
designation of the President only on certain circumstances in order that the offices will still
function according to its mandate despite the vacancy of such position whether the same
happened during the session or recess of the Congress but still with added qualifications
based on the merit and fitness rule under the Civil Service Law and the law that created and
provided mandates to such offices.

Why the change in the provision in the appointing power is needed? For the sole
reason of preventing and restraining abuses and corruption in the appointments of
government officials. History dictates the notion of “padrino system” where an individual is
only chosen and appointed due to favor, friendship and/or family affiliation and this follows
controversies and corruption. Therefore, in order to attain transparency and meritocracy with
the appointments, there must be strict observations and implementations of the law.

References:

1987 Philippine Constitution

Administrative Code of 1987 (Executive Order No. 292)

Kapunan-Patajo, L. (2017). The President’s appointing power. Retrieved from

https://businessmirror.com.ph/2017/04/02/the-presidents-appointing-power/

Martial Law Museum (2017). The Makings of Constitutional Dictator. Retrieved from
https://martiallawmuseum.ph/magaral/the-makings-of-a-constitutional-dictator/#

Philippine Alliance of Human Rights Advocates (PAHRA) Statements (2017). A Grave

Abuse of Authority (News). Retrieved from https://philippinehumanrights.org/news/11-
statements/21-a-grave-abuse-of-authority

Tabilog, R. (2014). Powers of the Philippine President. Retrieved from

https://www.academia.edu/31599890/POWERS_OF_THE_PHILIPPINE_PRESIDENT

VERA Files (2012). Few limits to the president’s power of judicial appointment. Retrieved
from https://news.abs-cbn.com/-depth/06/11/12/few-limits-president%E2%80%99s-power-
judicial-appointment