Legally Yours,  Political Law

Sarmiento v. Mison

Sarmiento v. Mison
156 SCRA 548

In 1987, Salvador Mison was appointed as the Commissioner of the Bureau of Customs by then President Corazon Aquino. Petitioners questioned the appointment of Mison as it appears that Mison’s appointment was not submitted to the Commission on Appointments (COA) for approval. Sarmiento insists that under the new Constitution, heads of bureaus require the confirmation of COA. Sarmiento also seeks to enjoin Guillermo Carague, then Secretary of the Department of Budget from disbursing salary payments for Mison.

Whether or not the appointment of “heads of bureaus” needed the confirmation given by the Commission on Appointments

The 1987 Constitution framers removed “heads of bureaus” as one of those officers needing confirmation by COA. There are four groups of officers whom the President shall appoint. These groups are: 1) heads of the executive departments, ambassadors, other public ministers and consuls, 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; 2) all other officers of the Government whose appointments are not otherwise provided for by law; 3) those whom the President may be authorized by law to appoint; and 4) officers lower in rank whose appointments the Congress may by law vest in the President alone. The first group are the only public officers appointed by the president which requires the confirmation of COA. The position of Mison does not belong to the first group, hence, his appointment need not be confirmed by the COA.

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