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  • Pimentel V Ermita

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    1) President Gloria Macapagal-Arroyo appointed Arthur Yap and others to cabinet positions in an acting capacity while Congress was in session, which Senator Pimentel argued required Commission on Appointments consent. 2) The Supreme Court upheld the appointments as valid under the Constitution and Executive Order 292, which allows presidential appointments in an acting capacity for up to one year without Commission consent, even if Congress is in session. 3) Cabinet secretaries are alter egos of the president who has discretion over choice of appointees, including those from outside government, as long as deemed competent.

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    1) President Gloria Macapagal-Arroyo appointed Arthur Yap and others to cabinet positions in an acting capacity while Congress was in session, which Senator Pimentel argued required Commission on Appointments consent. 2) The Supreme Court upheld the appointments as valid under the Constitution and Executive Order 292, which allows presidential appointments in an acting capacity for up to one year without Commission consent, even if Congress is in session. 3) Cabinet secretaries are alter egos of the president who has discretion over choice of appointees, including those from outside government, as long as deemed competent.

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    230 views1 page

    Pimentel V Ermita

    Uploaded by

    ambahomo
    1) President Gloria Macapagal-Arroyo appointed Arthur Yap and others to cabinet positions in an acting capacity while Congress was in session, which Senator Pimentel argued required Commission on Appointments consent. 2) The Supreme Court upheld the appointments as valid under the Constitution and Executive Order 292, which allows presidential appointments in an acting capacity for up to one year without Commission consent, even if Congress is in session. 3) Cabinet secretaries are alter egos of the president who has discretion over choice of appointees, including those from outside government, as long as deemed competent.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    Pimentel v Ermita

    472 SCRA 587 Political Law Commission on Appointment Ad Interim Appointments vs


    Appointments in an Acting Capacity

    Law on Public Officers Modes and Kinds of Appointment

    Facts:

    While Congress was in session, due to vacancies in the cabinet, then president Gloria Macapagal-Arroyo
    (GMA) appointed Arthur Yap et al as secretaries of their respective departments. They were appointed in
    an acting capacity only. Senator Aquilino Pimentel together with 7 other senators filed a complaint against
    the appointment of Yap et al. Pimentel averred that GMA cannot make such appointment without the
    consent of the Commission on Appointment; that, in accordance with Section 10, Chapter 2, Book IV of
    Executive Order No. 292, only the undersecretary of the respective departments should be designated in
    an acting capacity and not anyone else.

    On the contrary, then Executive Secretary Eduardo Ermita averred that the president is empowered by
    Section 16, Article VII of the 1987 Constitution to issue appointments in an acting capacity to department
    secretaries without the consent of the Commission on Appointments even while Congress is in session.
    Further, EO 292 itself allows the president to issue temporary designation to an officer in the civil service
    provided that the temporary designation shall not exceed one year.

    During the pendency of said case, Congress adjourned and GMA issued ad interim appointments re-
    appointing those previously appointed in acting capacity.

    ISSUE: Whether or not the appointments made by ex PGMA is valid.

    HELD: Yes. The argument raised by Ermita is correct. Further, EO 292 itself provided the safeguard so
    that such power will not be abused hence the provision that the temporary designation shall not exceed
    one year. In this case, in less than a year after the initial appointments made by GMA, and when the
    Congress was in recess, GMA issued the ad interim appointments this also proves that the president
    was in good faith.

    It must also be noted that cabinet secretaries are the alter egos of the president. The choice is the
    presidents to make and the president normally appoints those whom he/she can trust. She cannot be
    constrained to choose the undersecretary. She has the option to choose. An alter ego, whether temporary
    or permanent, holds a position of great trust and confidence. Congress, in the guise of prescribing
    qualifications to an office, cannot impose on the President who her alter ego should be.

    The office of a department secretary may become vacant while Congress is in session. Since a
    department secretary is the alter ego of the President, the acting appointee to the office must necessarily
    have the Presidents confidence. That person may or may not be the permanent appointee, but practical
    reasons may make it expedient that the acting appointee will also be the permanent appointee.

    Anent the issue that GMA appointed outsiders, such is allowed. EO 292 also provides that the president
    may temporarily designate an officer already in the government service or any other competent person to
    perform the functions of an office in the executive branch. Thus, the President may even appoint in an
    acting capacity a person not yet in the government service, as long as the President deems that person
    competent.

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