Briefer on the Appointing Power of the President

October 14, 2010 briefer on appointing power of President prepared by the Presidential Communications Development and Strategic Planning Office

Definition of Appointment
An appointment is the selection, by the authority vested with the power to do so, of an individual who will be tasked to exercise the functions of a given office. It differs from a designation in that the latter simply means the imposition of additional duties, usually by law, on a person already in the public service. It is also different from a commission, which refers to the written evidence of the appointment.[1]

The Appointing Power of the President
Section 16, Article VII of the 1987 Philippine Constitution provides that
“[T]he President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or 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. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.”
Special Limitations on the Appointing Powers of the President
Section 15, Article VII of the 1987 Philippine Constitution provides that two months immediately before the next presidential elections and up to the end of his term, a President or acting President shall not make appointments except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.
The Power to Remove
As a general rule, the power of removal may be implied from the power of appointment. However, the President cannot remove officials appointed by him where the Constitution prescribes certain methods for separation of such officers from public service, e.g., Chairmen and Commissioners of Constitutional Commissions who can be removed only by impeachment, or judges who are subject to the disciplinary authority of the Supreme Court. In the cases where the power of removal is lodged in the President, the same may be exercised only for cause as may be provided by law, and in accordance with the prescribed administrative procedure.[2]

[1] Nachura, Antonio B. (2006). Outline Reviewer in Political Law. VJ Graphic Arts, Inc.; Quezon City; p. 271.
[2] Ibid., p. 276

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