Bautista v. Salonga

Bautista v. Salonga

G.R. No. 86439 April 13, 1989

Padilla, J.

Issue:

                whether or not the appointment by the President of the Chairman of the Commission on Human Rights (CHR), an “independent office” created by the 1987 Constitution, is to be made with or without the confirmation of the Commission on Appointments

Held:

                Since the position of Chairman of the Commission on Human Rights is not among the positions mentioned in the first sentence of Sec. 16, Art. VII of the 1987 Constitution, appointments to which are to be made with the confirmation of the Commission on Appointments, it follows that the appointment by the President of the Chairman of the (CHR), is to be made without the review or participation of the Commission on Appointments.

To be more precise, the appointment of the Chairman and Members of the Commission on Human Rights is not specifically provided for in the Constitution itself, unlike the Chairmen and Members of the Civil Service Commission, the Commission on Elections and the Commission on Audit, whose appointments are expressly vested by the Constitution in the President with the consent of the Commission on Appointments.

The President appoints the Chairman and Members of the Commission on Human Rights pursuant to the second sentence in Section 16, Art. VII, that is, without the confirmation of the Commission on Appointments because they are among the officers of government “whom he (the President) may be authorized by law to appoint.” And Section 2(c), Executive Order No. 163, 5 May 1987, authorizes the President to appoint the Chairman and Members of the Commission on Human Rights. It provides:

(a)    The Chairman and the Members of the Commission on Human Rights shall be appointed by the President for a term of seven years without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor.

Issue:

                whether or not E.O. No. 163-A, providing that the tenure of the Chairman and Members of the Commission on Human Rights shall be at the pleasure of the President, is unconstitutional

Held:

                When Executive Order No. 163 was issued, the evident purpose was to comply with the constitutional provision that “the term of office and other qualifications and disabilities of the Members of the Commission (on Human Rights) shall be provided by law” (Sec. 17(2), Art. XIII, 1987 Constitution).

                As the term of office of the Chairman (and Members) of the Commission on Human Rights, is seven (7) years, without reappointment, as provided by Executive Order No. 163, and consistent with the constitutional design to give the Commission the needed independence to perform and accomplish its functions and duties, the tenure in office of said Chairman (and Members) cannot be later made dependent on the pleasure of the President.