Who has the appointing power under Philippine Jurisdiction?

 Executive branch or power

 Rationale of why the power vests in him
o Legislative already provides the manner of appointment and procedure thereof

Re: The President shall nominate xxx the President shall appoint xxx the Congress may vest in
him xxx

 Appointing Power - Appointing officer is the person or body authorized by law to make
appointments in the Philippine Civil Service. (Sec.5 (2) EO 292)

President
 With the consent of COA
o Exec. Dept. Heads
o Ambassadors
o Other public ministers and consuls
o Officers of armed forces (col. to naval captain)
o Constitution

 All other Appointments not provided by law

o Those whom he may be authorized by law to appoint

Other appointing authorities vested w/ power by Congress

 Courts
 Heads of Department, Agencies, Commissions or Boards

Permanent v. Temporary
 Permanent
o Eligible and for a specific position
 Temporary
o Eligible in a position meeting exigencies or certain public interests

Qualification standards;
 Is a person by the standards an appointee of the Office or the President?
 Who decides as regards said standards, the Office or the President?

Lame-duck Appointments
 “Midnight Appointees”
 Answer using Legasp v JBC re: members of the judiciary and the scope of the midnight
appointees’ rule

Appointments under the Midnight Ban: allowable in the case of public interest or exigencies
Temporary Appointments: allowable in the case of health concern or death of the original
officer
Appointments in an acting capacity
 Read on Gen. Mattis
 An issue of politics and control