Case Digest (G.R. No. 111243)
Facts:
Jesus Armando A.R. Tarrosa v. Gabriel C. Singson and Hon. Salvador M. Enriquez III, G.R. No. 111243, promulgated May 25, 1994, before the Supreme Court En Banc, Quiason, J., writing for the Court.Petitioner Jesus Armando A.R. Tarrosa filed a petition for prohibition, styling himself a "taxpayer," challenging the appointment of Gabriel C. Singson as Governor of the Bangko Sentral ng Pilipinas. Petitioner sought to enjoin Singson from performing the functions of Governor until the appointment was confirmed by the Commission on Appointments, and to enjoin Salvador M. Enriquez III, Secretary of Budget and Management, from disbursing public funds for Singson’s salaries and emoluments. Respondent Singson had been appointed Governor by President Fidel V. Ramos on July 2, 1993, with the appointment effective July 6, 1993.
Petitioner anchored his challenge on Section 6, Article II of R.A. No. 7653 (the Bangko Sentral law), which states that the Governor’s appointment “shall be subject to confirmation by the Commission on Appointments.” Respondents countered that Congress exceeded its legislative power in making the Governor’s appointment subject to confirmation, arguing that only the officers enumerated in the first sentence of Section 16, Article VII of the 1987 Constitution are to be nominated “with the consent of the Commission on Appointments.” Respondents also asserted as a factual point that the Bangko Sentral maintains its own budget and implied that budgetary independence bears on the relief sought.
No lower-court dispositional history is set out in the decision; the petition was addressed directly by the Court. The Court treated the petition as in the nature of a quo warranto proceeding and proceeded to resolve threshold jurisdictional questions before reaching the constitutional claim; it ultimately denied the petition and declined to rule on the constitutionality of Section 6 of R.A. No. 7653. A separa...(Pro-only)
Issues:
- May a petitioner who styles himself a taxpayer maintain a petition for prohibition (a quo warranto-type remedy) to oust the Governor of the Bangko Sentral?
- If reached, is the provision of Section 6, R.A. No. 7653 that makes the Governor’s appointment subject to confirmation by the Commission on Appointments constitutional under Section 16, Article VII of...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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