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Case Digest: Manalo v. Sistosa
ISSUE: Whether or not the appointments made by the President were valid even without the confirmation of Commission on Appointments
FACTS: Petitioners question the constitutionality and legality of the permanent appointments issued by former President Corazon C. Aquino to the respondent senior officers of the Philippine National Police who were promoted to the ranks of Chief Superintendent and Director without their appointments submitted to the Commission on Appointments for confirmation under Section 16, Article VII of the 1987 Constitution and Republic Act 6975 otherwise known as the Local Government Act of 1990. On December 13, 1990, Republic Act 6975 creating the Department of Interior and Local Government was signed into law by former President Corazon C. Aquino. In accordance therewith, on March 10, 1992, the President of the Philippines, through then Executive Secretary Franklin M. Drilon, promoted the fifteen (15) respondent police officers herein, by appointing them to positions in the Philippine National Police with the rank of Chief Superintendent to Director. The appointments of respondent police officers were in a permanent capacity. Without their names submitted to the Commission on Appointments for confirmation, the said police officers took their oath of office and assumed their respective positions. Thereafter, the Department of Budget and Management, under the then Secretary Salvador M. Enriquez III, authorized disbursements for their salaries and other emoluments.
RATIO DECIDENDI: Yes. Appointments are valid. PNP, herein respondents, do not fall under the first category of presidential appointees requiring the confirmation by Commission on Appointments. Section 116 Article VII provide for four groups of government to be appointed by President: First, 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; Second, all other officers of the Government whose appointments are not otherwise provided for by law; Third, those whom the President may be authorized by law to appoint; Fourth, officers lower in rank whose appointments the Congress may by law vest in the President alone. It is well-settled that only presidential appointments belonging to the first group require the confirmation by the Commission on Appointments. The appointments of respondent officers who are not within the first category, need not be confirmed by the Commission on Appointments. Congress cannot by law expand the power of confirmation of the Commission on Appointments and require confirmation of appointments of other government officials not mentioned in the first sentence of Section 16 of Article VII of the 1987 Constitution.
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