Case Digest (G.R. No. 86439)
Facts:
Bautista v. Salonga, G.R. No. 86439, April 13, 1989, the Supreme Court En Banc, Padilla, J., writing for the Court. Petitioner Mary Concepcion Bautista was designated Acting Chairman of the Commission on Human Rights (CHR) on 27 August 1987. On 17 December 1988 the President issued an appointment letter naming Bautista Chairman of the CHR, advising that, "by virtue hereof, they may qualify and enter upon the performance of the duties of the office" and prompting Bautista to take her oath before Chief Justice Marcelo B. Fernan on 22 December 1988; she thereafter assumed and discharged the functions of the office.In January 1989 the Commission on Appointments (CA), through its Secretary, sent Bautista requests for documents (9–10 January) and scheduled a CA Committee hearing (19 January) on her appointment. Bautista replied (13 January) that the CA had no constitutional jurisdiction to review CHR appointments. The CA treated the President’s later act (described by the CA as an "ad interim appointment" dated 14 January 1989) as subject to its review, and in plenary disapproved the ad interim appointment and denied reconsideration (plenary action conveyed 1 February 1989).
Before the CA’s second action became operative, Bautista filed a petition for certiorari with prayer for injunctive relief in this Court (filed 20 January 1989) seeking to declare CA proceedings unconstitutional and to enjoin respondents, and later amended to implead Hesiquio R. Mallillin (designated by the President as Acting Chairman) and to enjoin Mallillin from personnel actions. The Court issued a temporary restraining order (9 February 1989) enjoining Mallillin from dismissing or reorganizing CHR personnel; respondents filed comments and the parties completed pleadings. The Court carefully considered precedent, especially Sarmiento III v. Mison (G.R. No. 79974, Dec. 17, 1987), and Executive Orders Nos. 163 (5 May 1987) and 163‑A (30 June 1987) affecting CHR tenure. On April 13, 1989 the Court, En Banc, rendered judgment granting the petition, declarin...(Subscriber-Only)
Issues:
- Does the Commission on Appointments have constitutional jurisdiction to review and confirm the President’s appointment of the Chairman and Members of the Commission on Human Rights?
- Was the President’s December 17, 1988 appointment of petitioner a completed appointment that precluded a later appointment/ad interim appointment on January 14, 1989?
- Is Executive Order No. 163‑A (30 June 1987) constitutional insofar as it declares the tenure of the CHR Chairman and Members to be "at the pleasure of the President," or may the CHR Chair serve a s...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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