Appointments of unconfirmed officials expire today

Cagayan de Oro Rep. Rufus Rodriguez. Image from his Facebook page

Three constitutional commissions will be left without chairpersons to lead them on June 4 after the Commission on Appointments (CA) bypassed the confirmation of the agencies’ top officials.

Cagayan de Oro City Rep. Rufus Rodriguez said this was because these posts would be vacant once Congress officially adjourns its session on Saturday.

Hence, the Commission on Elections (Comelec), the Commission on Audit (COA) and the Civil Service Commission (CSC) will not have chairpersons by June 4.

“By operation of the Constitution and the CA rules, these positions become vacant upon the adjournment of the session of Congress,” Rodriguez said in a statement on Friday.

Although the Senate and the House of Representatives adjourned the third and last regular session on Wednesday, the official adjournment based on the legislative calendar is on June 4.

“So today (Friday) is the last day in office of the concerned officials,” Rodriguez pointed out.

The lawmaker made the remarks after the CA bypassed the confirmation of the chairpersons of the Comelec, the COA and the CSC—officials who were appointed by President Duterte in the last months of his administration.

Affected are the ad interim appointments of Comelec chair Saidamen Pangarungan, COA chair Rizalina Justol and CSC chair Karlo Alexei Nograles.

Also affected are the ad interim appointments of Comelec Commissioners George Garcia and Aimee Torrefranca-Neri, who are also appointees of Mr. Duterte.

Earlier, Senate Majority Leader Juan Miguel Zubiri said some incoming lawmakers asked that President-elect Ferdinand Marcos Jr. be given the chance to appoint his own officials to these constitutional commissions.

Rodriguez said the appointing power of the President and the CA’s scope and authority to approve such appointments was contained in Section 16, Article 7 on the Executive Department of the Constitution.

It states that: “The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until after disapproval by the Commission on Appointments or until the next adjournment of the Congress.”

There are two kinds of presidential appointments: regular appointments, which are made while Congress is in session and take effect only after the CA approves them; and ad interim appointments, which are made while Congress is in recess.

Ad interim appointments are effective immediately and remain so until disapproved by the CA, or until the next adjournment of Congress. These appointments become regular or permanent if the CA approves it.

Rodriguez noted that the President could renew the appointments of the affected officials, but they might face the same fate in the CA of the 19th Congress.

“By then, the new President will already have assumed office and he will have a free hand in appointing or nominating constitutional officers,” Rodriguez said.

“I think the President will choose [not to reappoint them] and let his successor fill the Comelec, COA and CSC vacancies, in the same manner that the CA bypassed the appointees to give the incoming President that same opportunity,” he said.

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