The President appointed A as Chairperson, and B, C, D, and E as Commissioners, of the Commission on Human Rights. Their appointments stated that they may qualify and enter upon the performance of the duties of their respective offices. Later on, a petition for certiorari and prohibition was filed, questioning the permanent appointments of A, B, C, D, and E for lack of confirmation by the Commission on Appointments. Is the challenge correct? Reason(s).
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No, the challenge questioning the appointments of A, B, C, D, and E is not correct. Under Section 16, Article VII of the Constitution, confirmation by the Commission on Appointments is required only for presidential appointees specified in
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Quick check
Is the petition questioning the appointments of A, B, C, D, and E for lack of confirmation by the Commission on Appointments correct?
Appointments to the Commission on Human Rights do not fall within the enumerated positions requiring Commission on Appointments confirmation under the Constitution.
Which group of presidential appointees strictly requires confirmation by the Commission on Appointments under Section 16, Article VII of the Constitution?
Confirmation by the Commission on Appointments is constitutionally restricted to the first sentence of Section 16, Article VII, which lists department heads, foreign service officers, and senior military personnel.
What was the ruling of the Supreme Court in Bautista v. Salonga regarding CHR appointments?
In Bautista v. Salonga, the Supreme Court held that the Chairman and Commissioners of the CHR do not require confirmation by the Commission on Appointments.
Under what authority does the President appoint the Chairperson and Commissioners of the Commission on Human Rights?
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What is the legal effect when Congress attempts to require CA confirmation for presidential appointments not listed in the first sentence of Section 16, Article VII?
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Learn more about these topics
1. Presidential Appointments
Under Section 16, Article VII of the 1987 Constitution, presidential appointments requiring confirmation by the Commission on Appointments are strictly limited to those specified in the first sentence: heads of executive departments, ambassadors, public ministers, consuls, officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in the President by the Constitution. For all other officers whom the President is authorized by law to appoint, confirmation by the Commission on Appointments is not required unless the Constitution explicitly provides otherwise.
2. Human Rights Commission
The Commission on Human Rights (CHR) is an independent constitutional office created under Article XIII of the 1987 Constitution. Unlike the executive constitutional commissions governed by Article IX, the CHR's structure and appointment mechanism are defined by statutory law, specifically Executive Order No. 163. Because the Constitution does not explicitly list the Chairperson and Commissioners of the CHR among the officers requiring legislative confirmation, the President possesses sole statutory authority to appoint CHR members without the consent or confirmation of the Commission on Appointments.
3. Confirmation Scope
The scope of confirmation by the Commission on Appointments cannot be expanded by statute or judicial interpretation beyond the explicit constitutional list. In landmark jurisprudence (Bautista v. Salonga), the Supreme Court ruled that Congress cannot require confirmation for appointments not enumerated in the first sentence of Section 16, Article VII. Attempts to subject CHR appointments or other statutory appointees to legislative confirmation constitute an unconstitutional restriction on executive power. Consequently, permanent appointments to the CHR become complete and effective immediately upon valid issuance and acceptance.