Bautista vs Salonga

G.R. No. 86439

172 SCRA 160

April 19, 1989

Petitioner: Mary Conception Bautista

Respondent: Jovito Salonga

FACTS: On August 27, 1987, President Cory Aquino appointed petitioner Bautista as permanent Chairman of the Commission on Human Rights (CHR). Bautista took her oath of office on December 22, 1988 to Chief Justice Marcelo Fernan and immediately acted as such.

On January 9, 1989, the Secretary of the Commission on Appointments (CoA) wrote a letter to Bautista requesting for her presence along with several documents at the office of CoA on January 19. Bautista refused to be placed under CoA's review hence this petition filed with the Supreme Court.

While waiting for the progress of the case, President Aquino appointed Hesiquio R. Mallillin as "Acting Chairman of the Commission on Human Rights" but he was not able to sit in his appointive office because of Bautista's refusal to surrender her post. Malilin invoked EO 163-A which provides that the tenure of the Chairman and the Commissioners of the CHR should be at the pleasure of the President thus stating that Bautista shall be subsequently removed as well. 

ISSUES: 

1) Whether or not the President's appointment is considered constitutional.

2) Whether or not Bautista's appointment is subject to CoA's confirmation.

3) Whether or not President should extend her appointment on January 14, 1989.

HELD:

The Court held that the it is within the authority of the President, vested upon her by the Constitution, that she appoint Executive officials. The second sentence of the provision Section 16, Article VII provides that the President is authorized by law to appoint, without confirmation of CoA, several government officials. The position of Chairman of CHR is not among the positions mentioned in the first sentence of Sec. 16, Art VII of the 1987 Constitution, which provides the appointments which are to be made with the confirmation of CoA. It therefore follows that the appointment of the Chairman of CHR by the President is to be made and finalized even without the review or participation of CoA. Bautista's appointment as the Chairman of CHR, therefore, was already a completed act on the day she took her oath as the appointment was finalized upon her acceptance, expressly stated in her oath.

Furthermore, the Court held that the provisions of EO 163-A is unconstitutional and thus cannot be invoked by Mallillin. The Chairman of CHR cannot be removed at the pleasure of the President for it is constitutionally guaranteed that they must have a term of office.

In view of the foregoing, the petition is thus GRANTED and the restraining order for Mallillin was made permanent.

• Constitutional Law 1: 1987 Constitution / Appointments / Appointing Power of the President (Textbook: Cruz, Professor: Atty. Usita) 

♥ Reese Corpuz