MANILA – The Malacañang has clarified that the appointment of new Bangko Sentral ng Pilipinas (BSP) governor Benjamin Diokno need not be confirmed by the Commission on Appointments (CA).
Presidential spokesperson Salvador Panelo made the clarification after expressing confidence on March 5 that Diokno would get CA nod because he possesses “integrity, competence and expertise,” which are among the chief traits that President Rodrigo Duterte are looking for in the next BSP chief.
“After further evaluation of relevant laws and jurisprudence surrounding the appointment of former secretary of Budget and Management Benjamin Diokno as the new governor of the Bangko Sentral ng Pilipinas (BSP), it is the position of the Palace that the said appointment need not be confirmed by the Commission on Appointments (CA),” Panelo said in a statement.
Under Article 2, Section 6(a) of Republic Act 7653 of the New Central Bank Act, the appointment of BSP governor, as head of the department, “shall be subject to confirmation by the Commission on Appointments.
But citing Article VII, Section 16 of the 1987 Philippine Constitution, Panelo pointed out that the position of BSP governor does not fall under any of the categories of officials that require the CA’s nod.
Under the said provision, the Palace official noted that only heads of the executive departments; ambassadors; other public ministers and consuls; officers of the armed forces from the rank of colonel or naval captain; and other officers whose appointments are vested in the President under the Constitution, such as commissioners of constitutional commissions are required to get the CA’s nod.
“A perusal thereof reveals that the governor of the BSP does not fall under any of the categories of officials,” Panelo said.
He also cited the case of “Calderon vs. Carale,” saying that “the issue resolved by the Supreme Court was ‘whether or not Congress may, by law, require confirmation by the Commission on Appointments of appointments extended by the President to government officers additional to those expressly mentioned in the first sentence of Sec. 16, Art. VII of the Constitution.”
Panelo said, “the Supreme Court ruled in the negative explaining that Congress cannot amend the provisions of the Constitution by mere legislation.”
The Palace official also cited that while the petition in “Tarrosa vs. Singson” was dismissed due to its nature and the lack of legal standing of the petitioner, the Supreme Court in the said case had the occasion to cite the above-mentioned case of Calderon vs. Carale.”
“[The Supreme Court] also explain[ed in its ruling] that, “Congress cannot by law expand the confirmation powers of the Commission on Appointments and require confirmation of appointment of other government officials not expressly mentioned in the first sentence of Section 16 of Article VII of the Constitution,” Panelo added.
The said case involved the appointment of Mr. Gabriel C. Singson as BSP governor. Following the dismissal of the case, Mr. Singson’s appointment therefore did not undergo a confirmation process with the CA,” he said.
“In view of the foregoing doctrines, as well as the fact that a Governor of the BSP is not covered by Article VII, Section 16 of the 1987 Constitution, his appointment being provided by mere legislation, it is submitted that the appointment of former Secretary and new BSP Governor Diokno does not need confirmation from the CA,” Panelo concluded.
On March 4, Diokno was appointed by President Rodrigo Duterte to take over the Philippine Central bank after the late Nestor Espenilla Jr. succumbed to cancer in February. (UNTV)
