Political Law

Teresita Quintos-Deles vs Commission on Constitutional Commissions

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G.R. No. 83216 – 177 SCRA 259 – Political Law – Constitutional Law – The Executive Department – Powers of the President; Appointment Powers – Appointment of Sectoral Representatives

Teresita Quintos-Deles was appointed by then President Corazon Aquino as a sectoral representative for women in 1988. Their appointment was done while Congress was in session. They were subsequently scheduled to take their oath of office but the Commission on Appointments (COA) filed an opposition against Deles et al alleging that their appointment must have the concurrence of the COA.

Deles then questioned the objection of the COA. She said that her appointment does not need the concurrence of the COA. This is in pursuant to Section 7, Article XVIII of the Constitution, which does not require her appointment to be confirmed by the COA to qualify her to take her seat in the lower house.

ISSUE: Whether the Constitution requires the appointment of sectoral representatives to the House of Representatives should be confirmed by the Commission on Appointments.

HELD: Yes. There are four (4) groups of officers whom the President shall appoint. These four (4) groups, to which we will hereafter refer from time to time, are:

First, the 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 him in this Constitution;

Second, all other officers of the Government whose appointments are not otherwise provided for by law;

Third, those whom the President may be authorized by law to appoint;

Fourth, officers lower in rank whose appointments the Congress may by law vest in the President alone.

Only those appointments expressly mentioned in the first sentence of Sec. 16, Art. VII (or the first group abovementioned) are to be reviewed by the COA, namely, ‘the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution.’ All other appointments by the President are to be made without the participation of the Commission on Appointments.

Sectoral representatives belong to the phrase “and other officers whose appointments are vested in him in this Constitution“. The provision of the Constitution which provides power to the president in this regard is┬áSection 7, Article XVII of the 1987 Constitution:

Until a law is passed, the President may fill by appointment from a list of nominees by the respective sectors the seats reserved for sectoral representation in paragraph (1), Section 5 of Article VI of this Constitution.

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