Bautista v. SalongaFacts:In the case of Sarmiento III vs. Mison, the Supreme Court held that only thoseappointments expressly mentioned in the first sentence of Sec. 16, Art. VII are to be reviewed bythe Commission on Appointments, namely, "the heads of the executive department,ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in thisConstitution." All other appointments by the President are to be made without the participationof the Commission on Appointments.Since the appointment of the Chairman and Members of the Commission on Human Rightsis not specifically provided for in the Constitution itself, unlike the Chairmen and Members of theCivil Service Commission, the Commission on Elections and the Commission on Audit, whoseappointments are expressly vested by the Constitution in the President with the consent of theCommission on Appointments. The President appoints the Chairman and Members of theCommission on Human Rights pursuant to the second sentence in Section 16, Art. VII, that is,without the confirmation of the Commission on Appointments because they are among theofficers of government "whom he (the President) may be authorized by law to appoint." AndSection 2(c), Executive Order No. 163, 5 May 1987, authorizes the President to appoint theChairman and Members of the Commission on Human RightsOn 27 August 1987, the President of the Philippines designated Mary Concepcion Bautistaas "Acting Chairman, Commission on Human Rights." Realizing perhaps the need for apermanent chairman and members of the Commission on Human Rights, befitting anindependent office, as mandated by the Constitution, the President of the Philippines on 17December 1988 extended to Bautista a permanent appointment as Chairman of the Commission.By virtue of such appointment, Bautista was advised by the President that she couldqualify and enter upon the performance of the duties of the office of Chairman of theCommission on Human Rights, requiring her to furnish the office of the President and the CivilService Commission with copies of her oath of office.On 22 December 1988, before the Chief Justice Fernan, Bautista took her oath of office by virtueof her appointment as Chairman of the Commission on Human Rights.Immediately, after taking her oath of office as Chairman of the Commission on HumanRights, Bautista discharged the functions and duties of the Office of Chairman of the Commissionon Human Rights.On 9 January 1989, Bautista received a letter from the Secretary of the Commission onAppointments requesting her to submit to the Commission certain information and documents asrequired by its rules in connection with the confirmation of her appointment as Chairman of theCommission on Human Rights. On 10 January 1989, the Commission on Appointments' Secretaryagain wrote Bautista requesting her presence at a meeting of the Commission on AppointmentsCommittee on Justice, Judicial and Bar Council and Human Rights set for 19 January 1989 at 9A.M. at the Conference Room, 8th Floor, Kanlaon Tower I, Roxas Boulevard, Pasay City that woulddeliberate on her appointment as Chairman of the Commission on Human Rights.On 13 January 1989, Bautista wrote to the Chairman of the Commission on Appointments stating,for the reasons therein given, why she considered the Commission on Appointments as havingno jurisdiction to review her appointment as Chairman of the Commission on Human Rights.In Commission’s comment (in this case), dated 3 February 1989, there is attached asAnnex 1 a letter of the Commission on Appointments' Secretary to the Executive Secretary, Hon.Catalino Macaraig, Jr. making reference to the "ad interim appointment which Her Excellencyextended to Atty. Mary Concepcion Bautista on 14 January 1989 as Chairperson of theCommission on Human Rights" and informing Secretary Macaraig that, as previously conveyed tohim in a letter of 25 January 1989, the Commission on Appointments disapproved Bautista's "adinterim appointment' as Chairperson of the Commission on Human Rights in view of her refusalto submit to the jurisdiction of the Commission on Appointments.On the same date (1 February 1989), the Commission on Appointments' Secretary informedBautista that the motion for reconsideration of the disapproval of her "ad interim appointment asChairman of the Commission on Human Rights" was denied by the Commission on Appointments.