Quintos-Deles vs Commission on Appointments

GR No. 83216
September 4, 18
!AC"S#
The petitioner and three others were appointed Sectoral Representatives by the President pursuant to Article VII, Section 16, paragraph 2 and Article
VIII, Section ! o" the #onstitution$ %ue to the opposition o" so&e congress&en'&e&bers o" the #o&&ission on Appoint&ents, who insisted that
sectoral representatives &ust "irst be con"ir&ed by the respondent #o&&ission be"ore they could ta(e their oaths and)or assu&e o""ice as &e&bers
o" the *ouse o" Representatives, Spea(er Ra&on V$ +itra, ,r$ suspended the oathta(ing o" the "our sectoral representatives which was scheduled at
the Session *all o" #ongress a"ter the -rder o" .usiness$
In view o" this develop&ent, /0ecutive Secretary #atalino +acaraig, ,r$ trans&itted on April 21, 1233, a letter dated April 11, 1233 o" the President
addressed to the #o&&ission on Appoint&ents sub&itting "or con"ir&ation the appoint&ents o" the "our sectoral representatives$
+eanwhile, petitioner in a letter dated April 22, 1233 addressed to Spea(er Ra&on V$ +itra, ,r$ 4Anne0 V5 appealed to the *ouse o" Representatives
alleging, a&ong others, that since 6no atte&pt was &ade to sub7ect the sectoral representatives 88 already sitting to the con"ir&ation process, there
is no necessity "or such con"ir&ation and sub7ection thereto o" the present batch would certainly be discri&inatory$9
-n +ay 1:, 1233, petitioner %eles received an invitation "ro& the #o&&ission on Appoint&ents "or the deliberation o" her appoint&ent as sectoral
representative "or wo&en$ Petitioner sent a reply dated +ay 11, 1233 e0plaining her position and ;uestioning the 7urisdiction o" the #o&&ission on
Appoint&ents over the appoint&ent o" sectoral representatives$
In the +ay 12, 1233 &eeting o" the #o&&ittee o" the #onstitutional #o&&issions and -""ices o" the #o&&ission on Appoint&ents, chaired by Sen$
/dgardo ,$ Angara, the #o&&ittee ruled against the position o" petitioner %eles$
$SS%&
%oes the #onstitution re;uire the appoint&ent o" sectoral representatives to the *ouse o" Representatives to be con"ir&ed by the #o&&ission on
Appoint&ents<
R%'$NG#
The petition is dis&issed$ The power to appoint is "unda&entally e0ecutive or presidential in character$ Since the seats reserved "or sectoral
representatives in paragraph 2, Section 1, Art$ VI &ay be "illed by appoint&ent by the President by e0press provision o" Section !, Art$ VIII o" the
#onstitution, it is undubitable that sectoral representatives to the *ouse o" Representatives are a&ong the 6other o""icers whose appoint&ents are
vested in the President in this #onstitution,9 re"erred to in the "irst sentence o" Section 16, Art$ VII whose appoint&ents are'sub7ect to con"ir&ation by
the #o&&ission on Appoint&ents 4Sar&iento v$ +ison, supra5$
Petitioner=s appoint&ent was "urther&ore &ade pursuant to Art$ VII, Section 16, paragraph 2 which gives the President 9the power to &a(e
appoint&ents during the recess o" the #ongress, whether voluntary or co&pulsory, but such appoint&ents shall be e""ective only until disapproval by
the #o&&ission on Appoint&ents or until the ne0t ad7ourn&ent o" the #ongress$9 The records show that petitioner=s appoint&ent was &ade on April
6, 1233 or while #ongress was in recess 4+arch 26, 1233 to April 1!, 12335> hence, the re"erence to the said paragraph 2 o" Section 16, Art$ VII in
the appoint&ent e0tended to her$
I&plicit in the invocation o" paragraph 2, Section 16, Art$ VII as authority "or the appoint&ent o" petitioner is, the recognition by the President as
appointing authority, that petitioner=s appoint&ent re;uires con"ir&ation by the #o&&ission on Appoint&ents$ As a &atter o" "act, the President had
e0pressly sub&itted petitioner=s appoint&ent "or con"ir&ation by the #o&&ission on Appoint&ents$ #onsidering that #ongress had ad7ourned
without respondent #o&&ission on Appoint&ents having acted on petitioner=s appoint&ent, said appoint&ent)no&ination had beco&e &oot and
acade&ic pursuant to Section 2? o" the Rules o" respondent #o&&ission and 6unless resub&itted shall not again be considered by the
#o&&ission$9
00000000000000000
This is a special civil action "or prohibition and mandamus with in7uction to ce&pel #o&&ission on Appoint&ents to allow Teresita @uintos'%eles to
per"or& and discharge her duties as a &e&ber o" *R representing the Ao&en=s Sector$
@uintos'%eles, BopeC 4Douth5, Arteche 4Peasant5 and Teves 4Erban Poor5 have not ta(en their oaths due to the opposition o" so&e congress&en
&e&bers o" #o&&ission on Appoint&ents$
Argu&ents o" #o&&ission on Appoint&entsF
1$ Sectoral representatives &ust be "irst con"ir&ed by #o&&ission on Appoint&ents
Solicitor General=s Argu&entF
1$ Since the President included a letter to the #o&&ission on Appoint&ents upon sub&ission o" the "our sectoral representatives, thus con"ir&ation is
re;uired$
2$ The appoint&ent was acted during session
Argu&ents o" PetitionersF
1$ Sec !, Article VIII does not re;uire con"ir&ation
2$ It=s nowhere in the constitution nor in /- Ho$ 123 is &ention the need "or con"ir&ation
Rules o" #ourtF
1$ Sectoral representatives are re"erred to the "irst sentence o" Sec 16 Art VII
2$ Provisions o" /- Ho$ 123 do not deal with the &anner o" appoint&ent o" sectoral representatives$ It 7ust speci"y the sectors to be presented$
?$ %eles appoint&ent was issued not by virtue o" /- Ho$ 123 but pursuant to Art VII Sec 16 par 2 and Art VIII Sec !$