G.R. No. 111243 – 232 SCRA 553 – Political Law – Constitutional Law – The Executive Department – Powers of the President; Appointment Power – Congress Can’t Expand the Appointing Power of the President
Gabriel Singson was appointed as the Governor of the Bangko Sentral ng Pilipinas by then president Fidel Ramos. Jesus Armando Tarrosa, as a taxpayer, opposed the said appointment and he argued that Singson cannot perform such position without confirmation by the Commission on Appointments. Tarrosa invoked Section 6 of Republic Act No. 7653 which provides that the Governor of the BSP if appointed is subject to the confirmation of the COA.
ISSUE: Whether or not the Governor of the BSP is subject to COA’s confirmation.
HELD: No. The Supreme Court ruled that Congress exceeded its legislative powers in requiring the confirmation by the COA of the appointment of the Governor of the BSP. An appointment to the said position is not among the appointments which have to be confirmed by the COA cited in Section 16 of Article 7 of the Constitution. Congress cannot by law expand the confirmation powers of the Commission on Appointments and require confirmation of appointment of other government officials not expressly mentioned in the first sentence of Section 16 of Article 7 of the Constitution.