G.R. No. 83216 September 4 1989 [Appointing Power]
FACTS:
This is a special civic action for prohibition and mandamus
with injunction seeking to compel CoA to allow Quintos-Deles to perform and
ischarege her duties as HoR member representing Women's Sector and to restrain
respondents from subjecting her appointment to the confirmation process.
Quintos-Deles ad three others were appointed Sectoral Representatives by the
President pursuant to Art. VII Sec 16 p.2 and Art. XVIII Sec. 7 of the
Constitution.
ISSUE:
WoN the Constitution requires the appointment of sectoral
representatives to the HoR to be confirmed by the CoA.
RULING:
Yes. The seats reserved for sectoral representatives in
paragraph 2, Section 5, Art. VI may be filled by appointment by the President
by express provision of Section 7, Art. XVIII of the Constitution, it is
undubitable that sectoral representatives to the House of Representatives are
among the “other officers whose appointments are vested in the President in
this Constitution,” referred to in the first sentence of Section 16, Art. VII
whose appointments are-subject to confirmation by the Commission on
Appointments (Sarmiento v. Mison, supra).
Deles' appointment was made pursuant to Art. VII, Section
16, p.2 which gives the President ”the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until disapproval by the Commission on Appointments or until
the next adjournment of the Congress.” The records show that Deles’ appointment
was made on April 6, 1988 or while Congress was in recess (March 26, 1988 to
April 17, 1988); hence, the reference to the said paragraph 2 of Section 16,
Art. VII in the appointment extended to her.
