Sarmiento v.

Mison (1987) Facts

Salvador was appointed by the president as Customs Commissioner without the confirmation of the Commission on Appointments. Petitioners Sarmiento and Arcilla as taxpayers, lawyers, IBP members, and Constitutional Law professors filed a petition for prohibition to enjoin Mison from performing his functions as Customs Commissioner and to enjoin COA from disbursing Misons salary.

Issue WON the appointment of Commissioner of Customs, Salvador Mison, requires the confirmation of the Commission on Appointments Held/Ratio: NO The pertinent constitutional provision, Section 16, Article VII of the 1987 Constitution says: The President shall nominate and, with the consent of the Commission on Appointments, appoint (1) 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. He shall also appoint all (2) other officers of the Government whose appointments are not otherwise provided for by law, and (3) those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of (4) other officers lower in rank in the President alone, in the courts, or in the heads of the departments, agencies, commissions or boards. The President shall have 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. By looking at the deliberation of the constitution, it can be shown that the intent was to limit the confirmation of the Commission on Appointments to Department heads, specifically excluding bureau chiefs. The appointment of Commissioner Mison will fall under the third part of the constitutional provision. The President is expressly authorized by law to appoint the Commissioner of the Bureau of Customs. The original text of Sec. 601 of Republic Act No. 1937, otherwise known as the Tariff and Customs Code of the Philippines, which was enacted by the Congress of the Philippines on 22 June 1957, reads as follows: 601. Chief Officials of the Bureau.-The Bureau of Customs shall have one chief and one assistant chief, to be known respectively as the Commissioner (hereinafter known as the 'Commissioner') and Assistant Commissioner of Customs, who shall each receive an annual compensation in accordance with the rates prescribed by existing laws. The Assistant Commissioner of Customs shall be appointed by the proper department head. Sec. 601 of Republic Act No. 1937, was amended on 27 October 1972 by Presidential Decree No. 34, amending the Tariff and Customs Code of the Philippines. Sec. 601, as thus amended, now reads as follows: Sec. 601. Chief Officials of the Bureau of Customs.-The Bureau of Customs shall have one chief and one assistant chief, to be known respectively as the Commissioner (hereinafter known as Commissioner) and Deputy Commissioner of Customs, who shall each receive an annual compensation in accordance with the rates prescribed by existing law. The Commissioner and the Deputy Commissioner of Customs shall be appointed by the President of the Philippines (Emphasis supplied.) Disposition: Petition is Dismissed. Misons Appointment does not need the confirmation of the Commission on Appointments.