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HELD: Senator Madrigal contention has been dismissed due to the guidelines she
ignored.Petitioner has no standing to file the petition .Petitioner failed to observe
the doctrine of primary jurisdiction or prior resort. Each House of Congress has the
sole function of reconstituting or changing the composition of its own contingent to
the CA.The extraordinary remedies of Prohibition and Mandamus and the relief of a
TRO are not available to the Petitioner.
At the core of this controversy is Article VI, Section 18, of the Constitution providing
as follows:
Sec. 18. There shall be a Commission on Appointments consisting of the President
of the Senate, as ex officio Chairman, twelve Senators and twelve Members of the
House of Representatives, elected by each House on the basis of proportional
representation from the political parties and parties or organizations registered
under the party-list system represented therein. The Chairman of the Commission
shall not vote, except in case of a tie. The Commission shall act on all appointments
submitted to it within thirty session days of the Congress from their submission. The
Commission shall rule by a majority vote of all the Members.
Wherefore,the Motion with Leave of Court to Withdraw the Petition in G.R. No.
180055 is Granted. The Petition is Withdrawn. The Petition in G.R. No. 183055 is
Dismissed.
FACTS:
The petitioners, who are taxpayers, lawyers, members of the
Integrated Bar of the Philippines and professors of Constitutional Law, seek to enjoin
the respondent Salvador Mison from performing the functions of the Office of
Commissioner of the Bureau of Customs and the respondent Guillermo Carague, as
Secretary of the Department of Budget, from effecting disbursements in payment of
Mison's salaries and emoluments, on the ground that Mison's appointment as
Commissioner of the Bureau of Customs is unconstitutional by reason of its not
having been confirmed by the Commission on Appointments.
ISSUE:Whether or notthat the appointment of the Commissioner of the Bureau of
Customs needs the CONFIRMATION coming from the COMMISSION ON
APPOINTMENT.
HELD: No, there is no need for the respondent to be recognized or confirmed by the
Commission on Appointment regarding of his capacity as Commissioners of the
Bureau of Customs, while Guillermo Carague, in his capacity as Secretary of the
Department of Budgetwill profoundly needed the confirmation coming from the CA.
The respondents are allowed to hold public office is allowed as the
provision of the Constitution clearly stated that,
The President shall nominate and with the consent of the Commission
on Appointments, shall appoint the heads of the executive departments and
bureaus, officers of the army from the rank of colonel, of the Navy and Air Forces
from the rank of captain or commander, and all other officers of the Government
whose appointments are not herein otherwise provided for, and those whom he may
be authorized by law to appoint; but the Congress may by law vest the appointment
of inferior officers, in the President alone, in the courts, or in the heads of
departments.
Furthermore,as a result of the innovations introduced in Sec. 16, Article
VII of the 1987 Constitution, there are officers whose appointments require no
confirmation of the Commission on Appointments.
Thus, to illustrate, the appointment of the Central Bank Governor
requires no confirmation by the Commission on Appointments, even if he is higher
in rank than a colonel in the Armed Forces of the Philippines or a consul in the
Consular Service.
Wherefore, the petition and petition in intervention should be, as they
are, hereby Dismissed. Without costs.