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Law on

Public
Officers
1. (a) The heads of executive departments (b)
ambassadors, other public ministers and
consuls,(c) officers of the armed forces from the
rank of colonel or naval captain, and (d) other
officers whose appointments are vested in him in
the Constitution.
the regular members of the Judicial and Bar Council,
the Chairman and Commissioners of the Civil Service
Commission
the Chairman and Commissioners of the Commission on
Elections,
the Chairman and Commissioners of the Commission on
Audit, and
the Members of the regional consultative commission;
2. All other officers whose appointments are
not otherwise provided by law

3. Those whom the President may be


authorized by law to appoint; and

4. Other officers lower in rank whose


appointments the Congress by law vests in
the President alone.
- Presidential appointees under Sec. 16, Art. VII
of the Constitution requires approval of the
Commission on Appointment.

- It is an agency tasked to act on all


appointments which require its approval.

- It is an independent body separate and


distinct from the Legislature, although its
membership is confined to members of
Congress.
The Commission on Appointments is
composed of:

1. the Senate President as the ex


officio Chairman;

2. twelve Senators; and

3. twelve members of the House of


Representatives
Section 16, last par., Art VII of the Constitution
provides:

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 the Congress.
An ad interim appointment is permanent. However,
to be valid, it must be released to and accepted by
the appointee and he qualified to the position, the
absence of which the appointment is incomplete,
and there is in fact and in law no ad interim
appointment that could be validly transmitted to,
and acted upon by, the Commission on
Appointments.
An ad interim appointment may also refer to the
appointment extended by recommending authority
when the appointing body is unable to act. Literally,
the term ad interim means in the meanwhile or
the time being, and an ad interim appointment in
this literal sense means temporary appointment.
However, under Philippine law, an ad interim
appointment has a different meaning. In
Pamantasan ng Lungsod ng Maynila v. IAC, the
Supreme Court expounded on its meaning.
Where the confirming authority confirms an
appointment submitted to it for such purpose, it is acting
on an ad interim appointment. No other interpretation
can validly be made. If it was a mere designation, it
needs no confirmation. The fact that confirmation was
needed shows that it is an ad interim one. An ad interim
appointment is one made during the time when the
confirming body is not in session and there is an existing
clear and present urgency caused by an impending
obstruction or paralyzation of the functions assigned to
the office if no immediate appointment is made.
The President has the power to temporarily designate an
officer already in the government service or any other
competent person to perform the functions of an office in
the executive branch, appointment to which is vested in him
by law, when the officer regularly appointed to the office is
unable to perform his duties by reason of illness absence or
any other cause; or there exists a vacancy. However, in no
case shall the temporary designation exceed one year. The
person designated shall receive the compensation attached
to the position, unless he is already in the government
service in which case he shall receive only such additional
compensation as, with his existing salary shall not exceed the
salary authorized by law for the position filled. The
compensation shall be paid out of the funds appropriated for
the office or agency concerned.
Section 14 and 15. Art. VII, Constitution
Section 14. Appointments extended by an acting president
shall remain effective, unless revoked by the elected
president within 90 days from his assumption or
resumption of office.

Section 15. Two months immediately before the next


presidential elections and up to the end of his term, a
president or acting president shall not make
appointments, except temporary appointments to
executive positions when continued vacancy therein will
prejudice public service or endanger public safety.
(MIDNIGHT APPOINTMENT)
The President can only appoint Members of the
Supreme Court and Judges of lower courts from
among the list of at least 3 members for each
position prepared and recommended by the Judicial
and Bar Council. (Sec. 9, Art. VIII, Constitution
The President cannot appoint officials and
employees of the Judiciary, as the power to appoint
them belongs to the Supreme Court in accordance
with the civil service law. (Sec. 5(6), Art. VIII, ibid)
The President can only appoint the Ombudsman and
Deputies persons from among the list of at least 6
nominees prepared and recommended by the JBC.
(Sec. 9, Art. XI, ibid)

The officials and employees of the Office of the


Ombudsman, other the Deputies, shall be appointed
by the Ombudsman according to the Civil Service law,
and not by the President.
The Commission on Human on Human Rights shall
appoint its officers and employees in accordance with
law, precluding the President from doing so.

The Congress may, by law, vest the appointment


of lower in rank in the court, or in the heads of
departments, agencies, commissions or boards.
Another constitutional limitation on the presidents
appointing power Sec. 7, Art. IX-B, Constitution:
Section 7. No Elective official shall be eligible for
appointment or designation in any capacity to any
public office or position during his tenure.
Unless otherwise allowed by law or by the
primary functions of his position, no appointive official
shall hold any other office or employment in the
Government or any subdivision, agency or
instrumentality thereof, including government-owned
or controlled corporations or their subsidiaries.
Section 13, Art. VII of the Constitution

Section 13. the President, Vice President, the


members of the Cabinet, and their deputies or
assistants shall, not, unless otherwise provided in
this Constitution, hold any other office or
employment during their tenure