Commission

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BY AYIN DREAM D. APLASCA
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Thursday, August 17, 2017
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ON WEDNESDAY, the Commission on Appointments (CA) held an executive session to discuss the appointment of Judy Taguiwalo as Department of Social Welfare and Development (DSWD) secretary.

Taguiwalo has already been bypassed twice so if the CA rejects her appointment she can no longer be reappointed.

An official is bypassed when the CA does not confirm his or her appointment upon the adjournment of Congress. An adjournment refers to a recess like when the legislature takes a break for the holidays.

The CA reached a decision in an executive session after a two-hour hearing. It rejected the confirmation of Taguiwalo as DSWD secretary. She is the third member of the Duterte Cabinet to be rejected.

The Commission is so powerful that it can confirm or reject the President’s Cabinet appointees. Where does it derive its power?

The Commission derives its power from Article VI, Section 18 of the 1987 Philippine Constitution which provides that: “There shall be a Commission on Appointments consisting of the President of the Senate, as ex-officio Chairman, 12 senators and 12 members of the House of Representatives, elected by each House on basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within 30 session days of Congress from their submission. The Commission shall rule by a majority vote of all the members.”

The provision shows that the Commission is a creation of the Constitution. Its members are from Congress. However, the Commission is an independent body and its powers do not originate from Congress. It is an agent of the Constitution itself.

Most presidential actions are ad interim appointments. This means that the appointment is done when Congress is not in session. This allows the official to discharge the functions related to the office immediately. It ceases to be valid if the commission rejects the appointment, or if the commission bypasses the appointment, or if the commission confirms the appointment.

If the commission rejects the appointment, the official is no longer allowed to discharge the functions related to the office. The President can also nominate an official if Congress is in session. This is called regular appointment or nomination. Here, the official can only discharge the functions once the commission confirms with the appointment.

You see, the Commission checks on the appointment and nomination power of the President. Thus, the primary function of the Commission is to consent to or confirm nominations or appointments made by the President.

This is how powerful the Commission is. It has the power to decide the fate of a Cabinet member’s appointment. And in the case of Taguiwalo, she is expected to vacate her office following her rejection by the Commission.

Who’s next?

(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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