G.R. No. 86439 - Bautista vs. Salonga

Mary Concepcion Bautista, contesting the Commission on Appointments’ jurisdiction to review her presidential appointment as CHR Chairman.

August 27, 1987: Bautista designated Acting CHR Chairman
May 5, 1987: Issuance of EO No. 163 (7-year term for CHR officials)
June 30, 1987: Issuance of EO No. 163-A (tenure at President’s pleasure)
December 17, 1988: President issues permanent appointment to Bautista as CHR Chairman
December 22, 1988: Bautista takes oath before the Chief Justice
January 9–10, 1989: CA Secretary requests documents and hearing attendance
January 13, 1989: Bautista’s letter to CA denying its jurisdiction
January 14, 1989: CA plenary disapproves Bautista’s ad interim appointment
January 20, 1989: Petition for certiorari filed with the Supreme Court
April 13, 1989: En Banc decision rendered

1987 Constitution, Article VII, Section 16 (appointment and CA consent)
1987 Constitution, Article XIII, Section 17(1) (independence and term of CHR)
Executive Order No. 163 (May 5, 1987): seven-year term, without reappointment
Executive Order No. 163-A (June 30, 1987): tenure at President’s pleasure (later invalidated)
Commission on Appointments Rules, Chapter II, Section 6(a)

Bautista’s acting designation was converted into a permanent presidential appointment on December 17, 1988, with instruction to qualify and assume duties.
She qualified by taking her oath December 22, 1988, and immediately performed CHR Chairman functions.
The CA thereafter sought to confirm her appointment, which she resisted as beyond its constitutional jurisdiction.
CA disapproved the ad interim appointment on January 14, 1989, and Mallillin was named Acting Chairman.
Bautista filed a petition for certiorari to enjoin CA proceedings and Mallillin’s personnel actions.

Whether the President’s appointment of the CHR Chairman requires confirmation by the Commission on Appointments under the 1987 Constitution.

Article VII, Section 16’s first sentence limits CA review to heads of executive departments, ambassadors, public ministers and consuls, and senior military officers; CHR Chair is not included.
The second sentence vests in the President all other officers not otherwise provided for, subject only to laws authorizing appointment; Section 17(1), Article XIII mandates CHR’s independence.
EO 163 lawfully fixed a seven-year term; EO 163-A’s “pleasure” provision undermined constitutional independence and was invalid.
Bautista’s December 17, 1988 appointment was a complete presidential act, accepted by oath and assumption of duties, lea

27 August 1987: President Aquino designates Mary Concepcion Bautista as Acting Chairman of the Commission on Human Rights (CHR).
17 December 1988: President extends a permanent appointment to Bautista as Chairman of the CHR, advising her to qualify and perform duties.
22 December 1988: Bautista takes her oath of office before Chief Justice Marcelo B. Fernan and assumes functions of CHR Chairman.
9–10 January 1989: Secretary of the Commission on Appointments (CA) requests information and schedules Bautista’s appearance for confirmation proceedings.
13 January 1989: Bautista formally objects to CA’s jurisdiction over her appointment, citing Art. VII, Sec. 16 of the 1987 Constitution and the independent status of the CHR.
20 January 1989: Bautista files a petition for certiorari and a temporary restraining order (TRO) in the Supreme Court to enjoin CA from reviewing her CHR appointment.
Early February 1989: CA disapproves Bautista’s ad interim appointment; Bautista seeks TROs against CA and against designation of Commissioner Mallillin as Acting Chairman.
9 February 1989: Supreme Court issues TRO against Mallillin, enjoining him from personnel actions at the CHR pending resolution.
13 April 1989: Supreme Court, En Banc, renders decision granting Bautista’s petition.

The 1987 Constitution, Art. VII, Sec. 16, distinguishes between (1) appointments requiring CA consent (first sentence), (2) all other officers authorized by law (second sentence), and (3) lower-ranked officers vested in the President alone by statute (third sentence).
Under Executive Order No. 163 (5 May 1987), the CHR Chairman and Members serve seven-year terms without reappointment, appointed by the President.
Executive Order No. 163-A (30 June 1987) amended EO 163 to make CHR tenure “at the pleasure of the President.”
In Sarmiento III v. Mison, the Court held that only first-sentence officers of Sec. 16 require CA confirmation; the Bureau of Customs head need not be confirmed.
Bautista’s permanent appointment (17 Dec 1988) was never submitted to CA; her ad interim appointment (14 Jan 1989) was submitted and later disapproved.
President Aquino designated Commissioner Mallillin as Acting Chairman pending resolution of Bautista’s case.

Does the appointment of the Chairman of the Commission on Human Rights require confirmation by the Commission on Appointments under Art. VII, Sec. 16?
Was Bautista’s permanent appointment (17 Dec 1988) valid and beyond CA review?
Is the subsequent ad interim appointment (14 Jan 1989) to the same office constitutionally effective where no vacancy existed?
Is EO 163-A, making CHR tenure at the President’s pleasure, consistent with the Co