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    Case Digest Example For Labor Relations

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    Biboy GS
    The Supreme Court ruled that under the Constitution, confirmation by the Commission on Appointments is only required for appointments expressly mentioned in Section 16 of Article 7, including heads of executive departments and ambassadors. Confirmation is not required for other officers appointed by the President that are not mentioned in the Constitution or provided by law, such as the Chairman and Commissioners of the National Labor Relations Commission appointed by President Aquino. The Court established that confirmation is exclusively for positions stated in Section 16 and not other government officers authorized by law.

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    Case Digest Example For Labor Relations

    Uploaded by

    Biboy GS
    55 views2 pages
    The Supreme Court ruled that under the Constitution, confirmation by the Commission on Appointments is only required for appointments expressly mentioned in Section 16 of Article 7, including heads of executive departments and ambassadors. Confirmation is not required for other officers appointed by the President that are not mentioned in the Constitution or provided by law, such as the Chairman and Commissioners of the National Labor Relations Commission appointed by President Aquino. The Court established that confirmation is exclusively for positions stated in Section 16 and not other government officers authorized by law.

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    The Supreme Court ruled that under the Constitution, confirmation by the Commission on Appointments is only required for appointments expressly mentioned in Section 16 of Article 7, including heads of executive departments and ambassadors. Confirmation is not required for other officers appointed by the President that are not mentioned in the Constitution or provided by law, such as the Chairman and Commissioners of the National Labor Relations Commission appointed by President Aquino. The Court established that confirmation is exclusively for positions stated in Section 16 and not other government officers authorized by law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    55 views2 pages

    Case Digest Example For Labor Relations

    Uploaded by

    Biboy GS
    The Supreme Court ruled that under the Constitution, confirmation by the Commission on Appointments is only required for appointments expressly mentioned in Section 16 of Article 7, including heads of executive departments and ambassadors. Confirmation is not required for other officers appointed by the President that are not mentioned in the Constitution or provided by law, such as the Chairman and Commissioners of the National Labor Relations Commission appointed by President Aquino. The Court established that confirmation is exclusively for positions stated in Section 16 and not other government officers authorized by law.

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    © All Rights Reserved
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    of 2

    1.

    CREATION AND COMPOSITION


     APPOINMENTS NOT SUBJECT TO COA CONFIRMATION
    CALDERON VS CARALE
    208 SCRA 254

    FACTS:
    In 1989, RA 6715 was passed. This law amended PD 442 or the Labor Code. RA 6715 provides that the
    Chairman, the Division Presiding Commissioners and other Commissioners [of the NLRC] shall all be
    appointed by the President, subject to confirmation by the CoA. Appointments to any vacancy shall come
    from the nominees of the sector which nominated the predecessor. Pursuant to the law, Cory assigned
    Carale et al as the Chairman and the Commissioners respectively of the NLRC, the appointment was not
    submitted to the CoA for its confirmation. Calderon questioned the appointment saying that w/o the
    confirmation by the CoA, such an appointment is in violation of RA 6715. Calderon asserted that RA 6715
    is not an encroachment on the appointing power of the executive contained in Sec16, Art. 7, of the
    Constitution, as Congress may, by law, require confirmation by the Commission on Appointments of other
    officers appointed by the President additional to those mentioned in the first sentence of Sec 16 of Article
    7 of the Constitution.

    ISSUE:
    Whether or not Congress may, by law, require confirmation by the CoA of appointments extended by the
    President to government officers additional to those expressly mentioned in the first sentence of Sec. 16,
    Art. 7 of the Constitution whose appointments require confirmation by the CoA.

    RULING:
    The SC agreed with the Sol-Gen, confirmation by the CoA is required exclusively for the 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, such as the members of the various Constitutional Commissions. With respect to the other
    officers whose appointments are not otherwise provided for by the law and to those whom the President
    may be authorized by law to appoint, no confirmation by the Commission on Appointments is required.

    Jurisprudence established the following in interpreting Sec 16, Art 7 of the Constitution
    1. Confirmation by the Commission on Appointments is required only for presidential appointees
    mentioned in the first sentence of Section 16, Article VII, including, those officers whose appointments are
    expressly vested by the Constitution itself in the president (like sectoral representatives to Congress and
    members of the constitutional commissions of Audit, Civil Service and Election).

    2. Confirmation is not required when the President appoints other government officers whose
    appointments are not otherwise provided for by law or those officers whom he may be authorized by law
    to appoint (like the Chairman and Members of the Commission on Human Rights).

    NON-APPLICABILITY OF BARANGAY CONCILIATION IN LABOR CASES

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