Pimentel V Ermita
Pimentel V Ermita
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.
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.