G.R. No. L-19981 February 29 1964
FACTS:
May 16, 1962- Quimsing’s, as well as other people’s appointments
were confirmed- May 17, 1962- at the session of the Commission on Appointments,
a motion for reconsideration of all the confirmed appointments was approved,
and the Commission was adjourned with no future date fixed for its next
meeting- June 11, 1962- President Macapagal designated Eduardo Tajanglangit as
Acting Chief of Police of Iloilo. Hence this petition for prohibition to
restrain Eduardo Tajanglangit from occupying the position of Chief of Police to
which petitioner Quimsing had previously been appointed and duly qualified and
the functions of which he was actually discharging.
ISSUE
WON Quimsing’s appointment was not lawfully confirmed,
because of the motion for reconsideration of his confirmation, which has, to
the present, remained unacted upon.
RULING:
The appointment of
Tajanglangit to the position of Chief of Police of Iloilo City was null and
void, because said position was not vacant. The Revised Rules of the Commission
on Appointments provide:“SEC. 21: …Any motion to reconsider the vote on any
appointment may be laid on the table, and this shall be final disposition on
such a motion." “SEC. 22: Notice of confirmation or disapproval of an appointment
shall not be sent to the President of the Philippines before the expiration of
the period for its reconsideration, or while a motion for reconsideration is
pending."
The Commission had not disapproved of Quimsing’s appointment,
it was merely under reconsideration. It has been established that on July 19,
1962, Quimsing’s appointment was delivered to Malacañang. This, as well as the
provisions above, supports the conclusion that the laying of a motion for
reconsideration on the table does not have the effect of withholding the effectivity
of the confirmation, nor is it synonymous with disapproval of the appointment.
In fact, it is recognition that the appointment was confirmed.
