Press Release
January 13, 2009

Pimentel files bill to curb President's power
to reappoint bypassed appointees

Congress is being asked by a senior parliamentarian to adopt a legislative check to the power of the President to reappoint bypassed Cabinet members and other presidential appointees with the intention of preventing an abuse of such power.

Minority Leader Aquilino Q. Pimentel, Jr. (PDP-Laban) today filed Senate Bill 2981 which will prohibit the Chief Executive from renominating or reappointing Cabinet members and executive officials below this rank whose nominations have been bypassed twice by the Commission on Appointments.

The bill also bans the payment of salaries, emoluments, per diems and other benefits to the persons concerned.

The author said the proposal will put an end to the distasteful and ridiculous practice of the President to reappoint top officials of her administration who have been bypassed several times by the CA, which is tantamount to a rejection.

The questionable reappointment, Pimentel explained, is tantamount to a disregard or defiance of the judgment or assessment of the CA that a particular nominee falls short of the requisite qualifications to become competent and effective in performing official duties.

"Through this bill, the constitutional mandate of the Commission on Appointments to act as a check on the presidential appointing power may be realized," Pimentel said.

Pimentel stressed that the power to scrutinize the validity of the presidential power to nominate or appoint and the fitness and qualifications of the nominees or appointees is now embodied in the constitutional doctrine of checks and balances. This principle ensures that the three branches of government act within their respective boundaries ordained by the Constitution.

Article VIII, section 16 of the Constitution mandates that the Commission on Appointments give its consent to or confirm the nominations submitted to it by the President. If for any reason, the Commission fails to act on or willfully rejects the nomination or appointment concerned, the nomination or appointment is considered bypassed.

Pimentel said that in the case of Matibag vs. Benipayo, an ad interim appointment that is bypassed is one that has not been finally acted upon by the CA at the close of the session of Congress. There is no final decision of the bicameral body to give or withhold its consent to the appointment as required by the Constitution. Without such decision, the President may renew the ad interim appointment of a bypassed appointment.

"In the light of our experience, however, there is a need to limit this presidential prerogative to prevent abuse. Hence, under this legislative measure, a presidential nominee or ad interim appointee whose appointment is bypassed twice by the Commission on Appointments shall not be renominated or reappointed by the President," the senator said.

"If for any reason, such a nominee or appointee hangs on to the office to which the President might have nominated or reappointed him, the appointee shall not be entitled to the payment of salaries, emoluments, per diems and other benefits pertaining to the office concerned and further, shall be subject to penalties provided in this Act."

Section 5 of the bill provides: "A nominee or appointee twice by-passed by the Commission on Appointments shall not be re-nominated or re-appointed by the President for the same office. The Executive Secretary or any member of the Cabinet and any other official working with the Office of the President who knowingly transmits the re-nomination or re-appointment papers to the re-nominee or re-appointee shall suffer the penalty of imprisonment of six months imprisonment or a fine of not more than ONE HUNDRED THOUSAND PESOS (P100,000) or both such imprisonment and fine at the discretion of the Court."

"A nominee or appointee who knowingly accepts a re-nomination or re-appointment in violation of this Act shall suffer the penalty of three months imprisonment or a fine of FIFTY THOUSAND PESOS (P50,000.00) or both such imprisonment and fine at the discretion of the Court."

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