Political Law; Constitutional Law; Legislative Department; Commission on

Appointments (CA)
The CA is composed of the Senate President as ex-officio chairman (shall not vote except in case of a
tie), twelve (12) Senators, and twelve (12) Members of the House of Representatives. The CA shall be
constituted within 30 days after the Senate and the House of Representative shall have been organized
with the election of the President and the Speaker. The CA shall act on all appointments within 30
session days from their submission to Congress, and shall rule by a majority vote of all its members. It is
not mandatory to elect 12 Senators to the Commission; what the Constitution requires that there must be
at least a majority of the entire membership. [Guingona v. Gonzales, G.R. No. 106971, March 1, 1993]
The power to approve or disapprove appointments is conferred on the CA as a body and not on the
individual members. [Pacete v. Secretary, G.R. No. L-25895, July 23, 1971]

The 12 Senators and 12 Representatives are elected on the basis of proportional representation from
the political parties and party-list organizations. The House of Representatives has authority to change
its representation in the Commission on Appointments to reflect at any time the changes that may
transpire in the political alignments of its membership. It is understood that such changes in membership
must be permanent and do not include the temporary alliances or factional divisions not involving
severance of political loyalties or formal disaffiliation and permanent shifts of allegiance from one political
party to another. [Daza v. Singson, G.R. No. 86344, December 21, 1989]

The provision of Section 18 on proportional representation is mandatory in character and does not leave
any discretion to the majority party in the Senate to disobey or disregard the rule on proportional
representation. By requiring a proportional representation in the Commission on Appointments, sec. 18
in effect works as a check on the majority party in the Senate and helps to maintain the balance of power.
No party can claim more than what it is entitled to under such rule. [Guingona v. Gonzales, G.R. No.
106971, March 1, 1993]

The CA shall meet only while Congress is in session. These meetings are held either at the call of the
Chairman or by a majority of all its members. Since the Commission on Appointments is also an
independent constitutional body, its rules of procedure are also outside the scope of congressional
powers as well as that of the judiciary.

The CA shall confirm the appointments by the President with regard to the positions of Heads of
Executive departments (except if it is the Vice-President who is appointed to a cabinet position);
Ambassadors, other public ministers or consuls; Officers of the AFP from the rank of Colonel or Naval
Captain; Other officers whose appointments are vested in him by the Constitution (e.g. members of
constitutional commissions); [Sarmiento v. Mison, G.R. No. 79974, December 17, 1987]

Congress cannot by law require that the appointment of a person to an office created by such law shall
be subject to CA confirmation. Appointments extended by the President to the abovementioned positions

while Congress is not in session (adinterim appointments) shall only be effective until disapproval by the
Commission on Appointments or until the next adjournment of Congress. [Bernas, Commentary (2009)]