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    Bautista Vs Salonga Digest

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    Carlota Nicolas Villaroman
    Mary Bautista was appointed by President Aquino as the Acting Chairman of the Commission on Human Rights (CHR). The President later gave Bautista a permanent appointment to the position. However, the Commission on Audit (COA) requested that Bautista submit to its jurisdiction for confirmation of her appointment. Bautista refused, arguing that the COA does not have authority over appointments to the CHR. The COA then said it disapproved of Bautista's appointment. The issue was whether confirmation by the COA was needed for the Chairman of the CHR. The Supreme Court held that confirmation was not required, as the CHR Chairman is not one of the positions listed in the Constitution as requiring CO

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    Bautista Vs Salonga Digest

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    Carlota Nicolas Villaroman
    938 views1 page
    Mary Bautista was appointed by President Aquino as the Acting Chairman of the Commission on Human Rights (CHR). The President later gave Bautista a permanent appointment to the position. However, the Commission on Audit (COA) requested that Bautista submit to its jurisdiction for confirmation of her appointment. Bautista refused, arguing that the COA does not have authority over appointments to the CHR. The COA then said it disapproved of Bautista's appointment. The issue was whether confirmation by the COA was needed for the Chairman of the CHR. The Supreme Court held that confirmation was not required, as the CHR Chairman is not one of the positions listed in the Constitution as requiring CO

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    Bautista vs Salonga Digest

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    Mary Bautista was appointed by President Aquino as the Acting Chairman of the Commission on Human Rights (CHR). The President later gave Bautista a permanent appointment to the position. However, the Commission on Audit (COA) requested that Bautista submit to its jurisdiction for confirmation of her appointment. Bautista refused, arguing that the COA does not have authority over appointments to the CHR. The COA then said it disapproved of Bautista's appointment. The issue was whether confirmation by the COA was needed for the Chairman of the CHR. The Supreme Court held that confirmation was not required, as the CHR Chairman is not one of the positions listed in the Constitution as requiring CO

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    938 views1 page

    Bautista Vs Salonga Digest

    Uploaded by

    Carlota Nicolas Villaroman
    Mary Bautista was appointed by President Aquino as the Acting Chairman of the Commission on Human Rights (CHR). The President later gave Bautista a permanent appointment to the position. However, the Commission on Audit (COA) requested that Bautista submit to its jurisdiction for confirmation of her appointment. Bautista refused, arguing that the COA does not have authority over appointments to the CHR. The COA then said it disapproved of Bautista's appointment. The issue was whether confirmation by the COA was needed for the Chairman of the CHR. The Supreme Court held that confirmation was not required, as the CHR Chairman is not one of the positions listed in the Constitution as requiring CO

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    BAUTISTA VS.

    SALONGA
    172 SCRA 160, 1989
    FACTS:
    President Aquino designated Mary Bautista as Acting Chairman of the CHR. Later on, the
    President extended to Bautista a permanent appointment as Chairman of the Commission. She
    took her oath of office by virtue of her appointment as Chairman of the CHR.
    Bautista received letters from the COA Secretary requesting her to submit certain information
    and documents and to be present at a meeting of the COA Committee on Justice and Judicial and
    Bar Council and Human Rights, in connection with her confirmation as Chairman of CHR.
    However, she refused to submit herself to the COA arguing that the latter has no jurisdiction to
    review her appointment as CHR Chairman.
    The COA's secretary sent a letter to the executive secretary informing the latter that COA
    disapproved Bautista's "ad interim appointment" as Chairman of the CHR, in view of her refusal
    to submit to the jurisdiction of the COA. It is the COA's submission that the President decides to
    the extent another appointment to Bautista, this time, submitting such appointment/nomination to
    the COA for confirmation.
    ISSUE:
    Whether or not confirmation of the appointments of the Chairman of the Commission on Human
    Rights requires the consent of the COA.
    HELD:
    No, since the office is not one of those mentioned in the first sentence of Article VII, Section 16,
    nor is it specified elsewhere that such appointments needs consent of the Commission, it follows
    that the appointment by the President of the Chairman of the CHR is to be made without the
    review or participation of the Commission on Appointments.
    To be more precise, the appointment of the Chairman and Members of the Commission on
    Human Rights is not specifically provided for in the Constitution itself, unlike the Chairmen and
    Members of the Civil Service Commission, the Commission on Elections and the Commission
    on Audit, whose appointments are expressly vested by the Constitution in the President with the
    consent of the Commission on Appointment.
    The President appoints the Chairman and Members of the Commission on Human Rights
    pursuant to the second sentence in Section 16, Art. VII, that is, without the confirmation of the
    Commission on Appointments because they are among the officers of government "whom he
    (the President) may be authorized by law to appoint." And Section 2(c), Executive Order No.
    163, 5 May 1987, authorizes the President to appoint the Chairman and Members of the
    Commission on Human Rights. It provides:
    "(c) The Chairman and the Members of the Commission on Human Rights shall be appointed by
    the President for a term of seven years without re-appointment. Appointment to any vacancy
    shall be only for the unexpired term of the predecessor."

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