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CALDERON V.

CARALE
G.R. NO. 91636 APRIL 23, 1992

BASIS:
Article VII of the Constitution
Section 16. xx xx xx xx
The President shall have the power to make appointments during the recess of the Congress, whether
voluntary or compulsory, but such appointments shall be effective only until disapproval by the
Commission on Appointments or until the next adjournment of the Congress.

FACTS:
1. In 1989, RA 6715 was passed. This law amended PD 442 or the Labor Code. RA 6715 provides
that the Chairman, the Division Presiding Commissioners and other Commissioners [of the
NLRC] shall all be appointed by the President, subject to confirmation by the CoA.
2. Pursuant to the law, Cory assigned Carale et al as the Chairman and the Commissioners
respectively of the NLRC, the appointment was not submitted to the CoA for its confirmation.
3. Calderon questioned the appointment saying that w/o the confirmation by the CoA, such an
appointment is in violation of RA 6715. Calderon asserted that RA 6715 is not an encroachment
on the appointing power of the executive contained in Sec16, Art. 7, of the Constitution, as
Congress may, by law, require confirmation by the Commission on Appointments of other
officers appointed by the President additional to those mentioned in the first sentence of Sec 16
of Article 7 of the Constitution.
4. The Solicitor General, on the other hand, contends that RA 6715 which amended the Labor
Code transgresses Section 16, Article VII by expanding the confirmation powers of the
Commission on Appointments without constitutional basis. Mison and Bautista laid the issue to
rest.

ISSUE: Whether or not Congress may, by law, require confirmation by the CoA of appointments
extended by the President to government officers additional to those expressly mentioned in the
first sentence of Sec. 16, Art. 7 of the Constitution whose appointments require confirmation by the
CoA.

HELD: No. Art. 215 of the Labor Code as amended by RA 6715 insofar as it requires the confirmation of
the Commission on Appointments of appointments of the Chairman and Members of the National Labor
Relations Commission (NLRC) is hereby declared unconstitutional.
The second sentence of Sec. 16, Art. VII refers to all other officers of the government whose
appointments are not otherwise provided for by law and those whom the President may be authorized
by law to appoint.
Indubitably, the NLRC Chairman and Commissioners fall within the second sentence of Section 16,
Article VII of the Constitution, more specifically under the "third groups" of appointees referred to
in Mison, i.e. those whom the President may be authorized by law to appoint. Undeniably, the Chairman
and Members of the NLRC are not among the officers mentioned in the first sentence of Section 16,
Article VII whose appointments requires confirmation by the Commission on Appointments. To the
extent that RA 6715 requires confirmation by the Commission on Appointments of the appointments of
respondents Chairman and Members of the National Labor Relations Commission, it is unconstitutional
because:
1) it amends by legislation, the first sentence of Sec. 16, Art. VII of the Constitution by adding thereto
appointments requiring confirmation by the Commission on Appointments; and
2) it amends by legislation the second sentence of Sec. 16, Art. VII of the Constitution, by imposing the
confirmation of the Commission on Appointments on appointments which are otherwise entrusted only
with the President.