Press Release
October 12, 2007

Aquino bill bars Presidential appointment
of nominees by-passed 3x by the CA

"The intent of the framers of the Constitution in creating the Commission on Appointments (CA) was to provide an effective check and balance mechanism between the executive and legislative branch of the government. The act of the President in successively re-appointing by-passed nominees is a clear mockery of the said mechanism enshrined in our fundamental law."

The 1987 Constitution, particularly Article VII, Section 16, mandates the CA to confirm all Presidential nominees who will occupy key positions in government. However, the President's current practice of reappointing her nominees regardless of the number of times these nominees have been by-passed by the CA frustrates the CA's constitutional mandate.

"The President has abused her power to appoint because of her consistent re-appointment of her nominees who have been consecutively by-passed by the CA. In fact, a Cabinet official, who had been successively by-passed for 15 times in a span of 3 years, of which 7 took place in just one year, was re-appointed by the President, and was allowed to continue performing the functions supposedly reserved only to those qualified officials whose nominations had been confirmed by the CA."

To revitalize the mandate of the CA, opposition Senator Benigno "Noynoy" S. Aquino III has urged for the approval of Senate Bill No. 1719, entitled "Appointee Ineligibility Act of 2007", which seeks to empower the CA to declare as ineligible Presidential nominees who would fail to secure a confirmation 3 times.

"Through this proposed bill, any nominee declared ineligible by the CA shall be barred from being re-appointed or appointed by the same President to any of the positions provided for under Article VII, Section 16 of the Constitution. The principle of check and balance on the executive's appointing power will be lawfully enforced through the CA."

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