CLASSIFICATION OF APPOINTMENTS longer be extended by a new

appointment, inasmuch as the approval

1. Permanent
is a final decision of the Commission in
2. Temporary
the exercise of its checking power on
3. Regular
the appointing authority of the
4. Ad Interim
President. Such disapproval is final and
binding on both the appointee and
Regular Appointment
appointing power. But when an ad
 Regular appointment is one made by the interim appointment is by-passed
President while Congress is in session; takes because of lack of time or failure of the
effect only after confirmation by the CA to organize, there is no final
Commission on Appointments, and once decision by the Commission to give or
approved, continues until the end of the withhold its consent to the
term of the appointee. appointment. In the absence of such
decision, the President is free to renew
Ad Interim Appointment the ad interim appointment. (Matibag
v. Benipayo, supra)
 Ad interim – (adverb) for the intervening
time; in the meantime; temporarily. Note: Commission on Appointments is
 Ad interim appointment – is one made by composed of 25 members of the
the President while Congress is in recess Congress (Senate President as
(not in session); takes effect immediately, chairman, 12 senators, 12 members of
but ceases to be valid if disapproved by the the house of representatives).
Commission on Appointments or upon the Although, CA is composed of members
next adjournment of Congress. In the latter of Congress, the exercise of its powers
case, the ad interim appointment is deemed is executive and not legislative. The CA
“by-passed” through inaction. This kind of does not legislate when it exercises its
appointment is intended to prevent a hiatus power to give or withhold consent to
in the discharge of official duties. presidential appointments. CA is a
 Ad interim appointment is a permanent creature of the Constitution, although
appointment. It is a permanent its membership is confined to members
appointment because it takes effect of the Congress, it is independent of
immediately and can no longer be the Congress.
withdrawn by the President once the
appointee qualified into office. The fact that Officials Subject to Appointing Power
it is subject to confirmation by the of the President.
Commission on Appointments does not
The four groups of public officers that
alter its permanent character. (Matibag v.
are subject to the appointing power of
Benipayo)
the President are as follows (1987
 Ad interim appointment, is terminated by:
Constitution Art.VII,Sec.16):
1. Disapproval of the appointment by
the Commission on 1. Those heads of the executive
Appointments(CA); departments, ambassadors, other
2. Adjournment by Congress without public ministers and consuls,
the CA acting on the appointment. officers of the Armed Forces from
the rank of Colonel(Phil Army/PAF)
There is no dispute that when the CA
or naval captain(Phil Navy), and
disapproves an ad interim
other officers whose appointments
appointment, the appointee can no
 are vested in him(President) by the
Constitution;
2. All other officers of the
Government whose appointments Steps in the Appointing Process (where CA
are not otherwise provided for by confirmation is needed)
law;
3. Those, who, the President may be 1. Nomination by the President
authorized by law to appoint; and
2. Confirmation of the Commission on Appointments
4. Officers lower in rank in whose
appointments the Congress may by 3. Issuance of the Commission
law vest in the President Alone
Acceptance. An appointment is deemed complete
Note: Why from rank of Colonel? – The only upon its acceptance. In the pending of such
provision hopefully will have the effect acceptance, the appointment may still be
of strengthening civilian supremacy withdrawn.(Lacson v. Romero)
over the military to some extent, the
decision of the Constitutional The President Appoints the Second and Third Group
Commission was influenced by the of Officers Without the Consent of the CA.
observation that coups are generally
The President appoints the third group of officers if
led by colonels.
the law is silent on who is the appointing power, or if
The Appointment of the First Group of Officials the law authorizing the head of a department,
Subject to the Appointing Power of the President agency, commission, or board to appoint is declared
Needs Confirmation by the Commission on unconstitutional.
Appointments.
Appointment of Officers Lower in Rank (4th Group)
Other officers-in the first group of public officers
Significance of the phrase “the president alone”.
refers to the regular members of the Judicial and Bar
Alone means to the exclusion of the courts, the
Council and the Chairmen and Commissioners of the
heads of departments, agencies, commissions or
3 Independent Constitutional Commissions (Civil
boards.
Service Commission, COMELEC, Commission on
Audit, Art IX,Sec.1 1987 Constitution) Appointing authority may also be given to other
officials. Thus Section 16 says: “The Congress may, by
Military Officers.-The clause “officers of the armed
law, vest the appointment of other officers lower in
forces from the rank of colonel or naval captain”
rank in the President alone, in the courts, or in the
refers to military officers alone. Hence, promotion
heads of departments, agencies, commissions, or
and appointment of officers of Philippine Coast
boards.” In Rufino v. Endriga, the court interpreted
Guard which is under the DOTC(and not under AFP),
this to mean that, when the authority is given to
do not need the confirmation of CA (Soriano v.
collegial bodies, it is to the chairman that the
Lista). Also, promotion of senior officers of the PNP is
authority is given. But he can appoint only officers
not subject to the confirmation of CA, PNP are not
“lower in rank,” and not officers equal in rank to him.
members of the AFP.(Manalo v. Sistoza)
Thus a Chairman may not appoint a fellow member
Chairman of CHR. The appointment of the Chairman of a Board.
of the Commission on Human Rights is not provided
for in the Constitution or in the law. Thus, there is no
necessity for such appointment to be passed upon
by the CA. (Bautista v. Salonga)