Download Paguia vs Office of the President PDF

TitlePaguia vs Office of the President
TagsStanding (Law) Lawsuit President Of The Philippines United States Congress United States Government
File Size117.7 KB
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Footnotes

1 Section 16 (1), Article VII of the 1987 Constitution provides: "The President shall
nominate and, with the consent of the Commission on Appointments, appoint x x x
ambassadors, other public ministers and consuls x x x." The following comment on
the interaction of the constitutional spheres of power of the President, Senate (the
Commission on Appointments in this jurisdiction), and Congress in the nomination
and confirmation process under the US Constitution’s Appointments Clause, the
normative model of the first sentence of Section 16 (1), Article VII of the 1987
Constitution, is instructive:

The Constitution assigns the power of nomination for a confirmation appointment
to the President alone, and it allocates the power of confirmation appointments to
the President together with the Senate. Congress can pass laws x x x to help the
President and Senate carry out those functions, such as establishing an agency to
help identify and evaluate potential nominees. But x x x Congress cannot require
that the President limit his nominees to a specific group of individuals named by
someone else, or constrain appointments to people who meet a particular set of
qualifications, for confirmation appointments. (Hanah Metchis Volokh, The Two
Appointments Clauses: Statutory Qualifications For Federal Officers, 10 U. Pa. J.
Const. L. 745, 763 [2007]) (internal citations omitted; emphasis supplied).

The President’s exclusive power to nominate ambassadors is complimented by a
subsidiary doctrine treating ambassadorial selections as "based on the special trust
and confidence" of the President (Santos v. Macaraig, G.R. No. 94070, 10 April 1992,
208 SCRA 74, 84).

2 Prescinding from Section 5, Article VIII of the 1987 Constitution limiting this
Court’s jurisdiction to "cases."

3 Section 23 provides: "Compulsory Retirements. - All officers and employees of
the Department who have reached the age of sixty-five (65) shall be compulsorily
and automatically retired from the Service: Provided, however, That all incumbent
non-career chiefs of mission who are seventy (70) years old and above shall continue
to hold office until June 30, 1992 unless sooner removed by the appointing
authority. Non-career appointees who shall serve beyond the age of sixty-five (65)
years shall not be entitled to retirement benefits."

4 Imposed in Estrada v. Sandiganbayan, 462 Phil. 135 (2003).

5 Kilosbayan v. Morato, 320 Phil. 171, 186 (1995).

6 Francisco v. House of Representatives, 460 Phil. 838, 899 (2003) citing Kilosbayan
v. Guingona, G.R. No. 113375, 5 May 1994, 232 SCRA 110, 155-156 (1995) (Feliciano,
J., concurring).

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