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SBN-1719 Appointee Ineligibility Act of 2007

SBN-1719 Appointee Ineligibility Act of 2007

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Published by J. O. M. Salazar
AN ACT LIMITING THE RE-APPOINTMENT OF PRESIDENTIAL NOMINEES BY-PASSED BY THE COMMISSION ON APPOINTMENTS (CA)
AN ACT LIMITING THE RE-APPOINTMENT OF PRESIDENTIAL NOMINEES BY-PASSED BY THE COMMISSION ON APPOINTMENTS (CA)

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Published by: J. O. M. Salazar on Dec 19, 2009
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06/27/2010

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FOURTEENTH CONGRESS OF THE REPUBLIC
1
OF
THE PHILIPPINES
)
7
IICTi!'r
First Regular
Session
1
n
SENATE
Introduced by Senator Benigno
S.
Aquino 111
EXPLANATORY NOTE
The intent of the framers of the Constitution in creating theCommission on Appointments was to provide an effective check andbalance mechanism between the executive and legislative branch ofgovernment. The
act
of the President in successively re-appointing by-passed nominees
is
a
clear mockery of the above mentioned principleenshrined in our fundamental law. The
1987
Constitution, particularlyArticle
VII,
Section
16,
mandates the Commission on Appointments
(CA)
to confirm all Presidential nominees who will occupy key positions ingovernment.The President has abused her power
to
appoint because of herconsistent re-appointment of her nominees who have been consecutivelyby-passed by the Commission on Appointments.
In
fact,
a
Cabinet officialwho has been successively by-passed for fifteen
(15)
times in
a
span ofthree
(3)
years have been re-appointed by the President and allowed tocontinue performing the functions reserved only to those officials whosenominations have been confirmed by the CA.The
CA's
constitutional mandate to serve
as
an
effective checkagainst the possible abuse of the President's power
to
appoint
is
thusfrustrated by the current practice,
as
the President merely re-appoints allher nominees regardless of the number of times the said nominees havebeen by-passed by the CA. The restraint against possible abuse of thePresident's appointing power
is
clearly rendered ineffective if not totallynon-existent.Through this proposed bill, the mandated constitutional principleof check and balance
on
the executive's appointing power will rightly beenforced through the Commission on Appointments.For these reasons, the approval
of
this bill
is
being earnestlyrequested.
 
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FOURTEENTH CONGRESS OF THE REPUBLIC
1
First Regular
Session
1
OF THE PHILIPPINES
1-
fjgfj(]
;;:;:;j5
1
2
3
4
5
6
7
8
9
101112
13
14
15
1617
SENATE
s.
NO.
17%9
Introduced by Senator Benign0
S.
Aquino
111
AN ACTLIMITING THE RE-APPOINTMENT
OF
PRESIDENTIAL NOMINEES BY-PASSED BY THE COMMISSION ON APPOINTMENTS (CA)
Be it enacted by the Senate and the House
of
Representatives
of
thePhilippines
in
Congress assembled:
SECTION
1.
This Act shall be known
as
the
"Appointee neligibility
Act
of
2007".
SEC.
2.
Declaration
of
Policy
-
It is the policy of any democraticState to uphold the system
of
checks and balances
as
provided by theConstitution.Article
VII,
Section
16
of
the Constitution empowers the President
to
nominate and, with the consent
of
the Commission on Appointments,appoint the heads of executive departments, ambassadors, other publicministers and consuls, or officers
of
the armed forces from the rank
of
colonel or naval captain, the regular members
of
the Judicial and BarCouncil and the members
of
the
Civil
Service Commission, Commissionon Elections and the Commission on Audit.On the other hand, Article
VI,
Section
18
states that theCommission on Appointments shall act on all appointments submitted toit within thirty session days
of
the Congress from their submission.
SEC.
3.
Statement
of
Objectives
-
This law seeks to apply thesystem
of
check and balance between the legislative and the executive in
1

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