Tarrosa v. Singson

Tarrosa v. Singson

G.R. No. 111243 May 25, 1994

Quiason, J.

Facts:

                This is a petition for prohibition filed by petitioner as a “taxpayer,” questioning the appointment of respondent Gabriel Singson as Governor of the Bangko Sentral Ng Pilipinas for not having been confirmed by the Commission on Appointments.

                Petitioner argues that respondent Singson’s appointment is null and void since it was not submitted for confirmation to the Commission on Appointments. The petition is anchored on the provisions of Section 6 of R.A. No. 7653, which established the Bangko Sentral as the Central Monetary Authority of the Philippines. Section 6, Article II of R.A. No. 7653 provides:

Sec. 6. Composition of the Monetary Board. The powers and functions of the Bangko Sentral shall be exercised by the Bangko Sentral Monetary Board, hereafter referred to as the Monetary Board, composed of seven (7) members appointed by the President of the Philippines for a term of six (6) years.

The seven (7) members are:

(a) The Governor of the Bangko Sentral, who shall be the Chairman of the Monetary Board. The Governor of the Bangko Sentral shall be head of a department and his appointment shall be subject to confirmation by the Commission on Appointments. Whenever the Governor is unable to attend a meeting of the Board, he shall designate a Deputy Governor to act as his alternate: Provided, That in such event, the Monetary Board shall designate one of its members as acting Chairman . . . (Emphasis supplied).

Issue:

                whether or not the appointment as Governor of the Bangko Sentral ng Pilipinas requires the confirmation of the Commission on Appointments

Held:

                No. Congress cannot by law expand the confirmation powers of the Commission on Appointments and require confirmation of appointment of other government officials not expressly mentioned in the first sentence of Section 16 of Article VII of the Constitution. (refer to Mison case)