SARMIENTO vs. Mison Et. Al (Case Digest)

SARMIENTO vs. MISON GR No. 79974 December 17, 1987

Facts: Petitioners seek to enjoin respondent Mison from performing the functions of the Office

of Commissioner of the Bureau of Customs and respondent Carague as Secretary of the Dept of Budget from disbursing payments for Mison’s salaries and emoluments on the ground that Mison’s appointment as Commissioner of the Bureau of Customs is unconstitutional by reason of its not having been confirmed by the Commission on Appointments (CA). On the other hand, respondents maintain the constitutionality of Mison’s appointment without the confirmation of the (CA). It is apparent in Sec 16, Art. 7 of the Constitution that there are four groups of officers whom the president shall appoint. Issue: Whether or not the appointment of Mison is unconstitutional. Held:

No. *The 1935 Constitution requires confirmation by the CA of all presidential appointments. This has resulted in horse-trading and similar malpractices. *Under the 1973 Constitution, the president has the absolute power of appointment with hardly any check on the legislature. Given these two extremes, the 1987 Constitution struck a “middle“middle -ground” by requiring the consent of the CA for the 1st group of appointments and leaving to the President without such confirmation the appointments of the other officers: 1st group: minis ters and consuls,  the heads of the exec departments, ambassadors, other public ministers officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in the Constitution, Specifically: *Regular members of the Judicial and Bar Council [Art. VIII, Sec. 8(2)] *Chairman and Commissioners of the Civil Service Commi [Art. IX-C, Sec. 1 (2)]; *Chairman and Commissioners of the COA [Art. IX-D, Sec. 1 (2)]; *Members of the regional consultative commission (Art. X, Sec. 18.) The rest of the appointments mentioned in sec. 16 are not subject to confirmation: 2nd group:  all other officers of the Government whose appointments are not otherwise provided for by law, 3rd group:  those whom the President may be authorized by law to appoint and 4th group:



officers lower in rank whose appointments the Congress may by law vest in the President alone.

Reason: 1. 2.

Position of bureau director is quite low Confirmation of head of bureau would lead to political influence

The clear and expressed intent of the framers of the 1987 Constitution is to exclude presidential appointments from confirmation on the CA except appointments to offices expressly mentioned in the first sentence of Sec. 16, Art VII. Therefore, the confirmation on the appointment of Commissioners of the Bureau of Customs by the CA is not required. The appointment of Mison without submitting his nomination the CA is within the constitutional authority of the President.