2025 Political Law, Q16

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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Is the petition questioning the appointments of A, B, C, D, and E for lack of confirmation by the Commission on Appointments correct?

Which group of presidential appointees strictly requires confirmation by the Commission on Appointments under Section 16, Article VII of the Constitution?

What was the ruling of the Supreme Court in Bautista v. Salonga regarding CHR 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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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.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026