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FULL TITLE: TERESITA QUINTOS-DELES v.

COMMISSION ON CONSTITUTIONAL COMMISSIONS,


AND OFFICES (C.A.), COMMISSION ON APPOINTMENTS

G.R. No. 83216


DATE: 4 September 1989
PONENTE:
TOPIC: Sec. 16, Art. VII

FACTS OF THE CASE:


Petitioner and 3 others were appointed Sectoral Representatives by the Pres. pursuant to Article
VII, Section 16 (2) and Article XVIII, Section 7 of the Constitution.

The sectoral representatives were scheduled to take their oaths before Speaker Ramon Mitral.
However, petitioner and the 3 other sectoral representatives- appointees were not able to take their oaths
and discharge their duties as members of Congress due to the opposition of some congressmen-
members of the COA, who insisted that sectoral representatives must first be confirmed by the
respondent Commission before they could take their oaths and assume office as members of the HOR.
This opposition compelled Speaker Ramon Mitra to suspend the oath-taking of the four sectoral
representatives.

PROCEDURAL HISTORY:
Petitioner appealed to the HOR alleging that there is no necessity for such confirmation and
subjection thereto would be discriminatory. The Committee of the Constitutional Commissions ruled
against petitioner. Hence, this petition for prohibition and mandamus.

STATEMENT OF ISSUE/S:
Whether or not the Constitution requires the appointment of sectoral representatives to the HOR
to be confirmed by the COA.

HOLDING:
YES. In Sarmiento vs. Mison, the court construed Sec. 16, Art. VII of the Constitution to
mean that only appointments to offices mentioned in the first sentence of the said article require
confirmation by the COA, which are as follows: (1) the heads of the executive departments,
ambassadors, other public ministers and consuls officers of the armed forces from the rank of colonel or
naval captain, and other officers whose appointments are vested in him in this Constitution, (2) all other
officers of the Government whose appointments are not otherwise provided for by law, (3) those whom
the President may be authorized by law to appoint, (4) officers lower in rank whose appointments the
Congress may by law vest in the President alone.

Thus, it is indubitable that sectoral representatives to the HOR are among the “other officers
whose appointments are vested in the President in this Constitution,” referred to in Section 16, Article VII
whose appointments are subject to confirmation by the COA.

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