The names of the Marcos firm are just appointments, not appointments


first word

THE first nods, dissent and criticism over the announced picks for President-elect Ferdinand Marcos’ cabinet would be more illuminating and helpful if commentators took the time to study the Nominating Committee’s (CA) comments regarding the all-important confirmation treat.

The Congressional Committee speaks of the confirmation process in magisterial terms, namely:

The power of appointment is conferred on the President by the Constitution. Under this provision, there are two types of presidential appointments:

– Appointments made during the Congress session or so-called regular appointments or appointments; and

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– Appointments made during recess of Congress, also known as acting appointments.

Regular appointments referred to in the first paragraph of Article 7, Section 16 of the 1987 Constitution go through the following stages: a) appointment, b) consent, c) appointment and d) acceptance by the candidate.

What the president sends to the commission is only a nomination. After the commission has given its agreement, the president makes the appointment. It is only when the last step is taken that the officer concerned can take the oath.

The second paragraph of article 7, al. 16, of the 1987 Constitution also empowers the President to make appointments when Congress is not in session. These appointments are called ad interim appointments and go through the following stages: a) appointment and b) confirmation.

An acting appointment is permanent in nature and takes effect immediately. Thus, anyone who has been granted an interim appointment can immediately be discharged from his duties.

An acting appointment ceases to be valid upon disapproval by the Nominating Committee or, if not confirmed, until the next adjournment of Congress.

Officers subject to confirmation

Under Article 16, Section 7 of the 1987 Constitution, there are two categories of public officials whose appointments must be confirmed. These are:

– Heads of executive departments, ambassadors, other public ministers and consuls, officers of the armed forces from the rank of colonel or captain; and

– Other officers whose appointments are vested in the President under the 1987 Constitution. the civil service, as well as the titular members of the Judicial Council and the Bar.

AC Restore

The other important point to remember is that the reinstatement of the Appointments Commission was one of the major changes introduced by the framers of the 1987 Constitution,

The specific change is incorporated into Section 6, Sec. 18, which reads as follows:

“There is hereby established a nominations committee composed of the President of the Senate, President by right, of twelve senators and of twelve members of the Chamber of Representatives, elected by each chamber on the proportional representation of the political parties and of the parties or organizations registered in the list system of the parties represented on it,

The chairman of the committee votes only in the event of a tie.

The committee decides on all the nominations submitted to it within thirty days of the Congress session from the date of their filing. The commission decides by a majority of the votes of all the members.

This is significantly different from the provision of the US Constitution for confirmation of presidential appointments or appointments by the US Senate.

The United States Constitution, in Article 2, Section 2, mandates the Senate to exercise control over the President’s appointing and treaty-making powers.”

We know very well from experience how many major candidates of our presidents have failed the Nominations Commission.

President Duterte’s first candidate for foreign secretary, Perfecto Yasay, was rejected by the AC because of his citizenship in another country. Other nominees were simply bypassed.

In the United States, one of the most famous cases was the 1977 Senate resistance to the appointment of Theodore Sorensen as director of the Central Intelligence Agency (CIA). Sorensen wrote most of President John Fitzgerald Kennedy’s scintillating speeches. Literary competence is not an asset in the profession of spy,

There will be more casualties in CA. The commission does a more thorough job of vetting potential senior officials than headhunters, relatives and cronies of presidents.

Verification is the process of thoroughly investigating an individual, business, or other entity before making a decision to move forward with a joint project. A background review is an example of a vetting process for a potential employee. Once the vetting process is complete, an informed hiring decision can be made.

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