Rafael v.

Embroidery & Apparel Control Board- 21 SCRA 336 [1967]

RA 3137 created the Embroidery and Apparel Control and Inspection Board, such law was
alleged to be invalid for while the Congress may create an office it cannot specify who shall be
appointed therein; the members of the Board can only be appointed by the President as provided
by the 1935 Constitution. It is equivalent to a declaration by Congress as to who should be
appointed, thereby infringing the constitutional power of the President to make appointments.
Did the EACIB bypass the appointing power of the President?
Held: No. The Department heads did not appoint the representative. They are merely
detailed or designated and thus are only sitting as an ex-officio member. However the SC
noted that indeed the appointing power is the exclusive prerogative of the President.
Sec 10, Art 7, subsec 3.3 of 1935 Consti: "The President shall nominate and with the consent of
the Commission on Appointments, shall appoint the heads of the executive departments and
bureaus . . . and all other officers of the Government whose appointments are not herein
otherwise provided for, and those whom he maybe authorized by law to appoint; but Congress
may by law vest the appointment of inferior officers in the President alone, in the courts, or in
the heads of departments."