2.

SARMIENTO VS MISON
FACTS:

Respondent Salvador Mison was appointed as the Commissioner of the

Bureau of Customs by then President (Corazon) Aquino. The said
appointment made by the President is being questioned by petitioner
Ulpiano Sarmiento III and Juanito Arcilla who are both taxpayers, members
of the bar, and both Constitutional law professors, stating that the said
appointment is not valid since the appointment was not submitted to the
Commission On Appointment (COA) for approval. Under the Constitution,
the appointments made for the "Heads of Bureau" requires the confirmation
from COA.

ISSUE:

WHETHER OR NOT the appointment made by the President without the

confirmation from COA is valid.

HELD:

Yes, under the 1987 Constitution, Heads of Bureau are removed from the
list of officers that needed confirmation from the Commission On
Appointment. It enumerated the four (4) groups whom the President shall
appoint:

 Heads of the Executive Departments, Ambassadors, other public

minister or consuls, Officers of the Armed Forces from the rank of Colonel
or Naval Captain, and Other officers whose appointments are vested in him
in him in this Constitution;
The above-mentioned circumstance is the only instance where the
appointment made by the President that requires approval from the COA
and the following instances are those which does not require approval from
COA:
 All other Officers of the Government whose appointments are not
otherwise provided by law;
 Those whom the President may be authorized by law to appoint; and
 Officers lower in rank whose appointments the Congress may by law
vest in the President alone.