Former Budget chief Benjamin Diokno does not need an approval from the Commission on Appointments to serve as the new governor of the Bangko Sentral ng Pilipinas, Malacañang said Wednesday, citing jurisprudence to back its position.
Presidential Spokesman Salvador Panelo said the Palace had evaluated “relevant laws and jurisprudence” surrounding Diokno’s appointment.
“It is the position of the Palace that the appointment need not be confirmed by the CA,” Panelo said in a statement.
Panelo, who also serves as the President’s chief legal counsel, said only a few presidential appointees required the CA’s nod.
“The President shall nominate and, with the consent of the CA, appoint the heads of the executive departments, ambassadors, other public ministers and consuls or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution,” the constitution says.
“He shall also appoint all other officers of the government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint.”
Panelo said “the Governor of the BSP does not fall under any of the categories of officials.”
He also cited the case of “Calderon vs. Carale,” saying the issue resolved by the Supreme Court was whether or not Congress may, by law, require confirmation by the Commission on Appointments of appointments extended by the President to government officers additional to those expressly mentioned in the first sentence of Sec. 16, Art. VII of the Constitution.
“The Supreme Court ruled in the negative, explaining that Congress cannot amend the provisions of the Constitution by mere legislation,” Panelo said.
“While the petition in Tarrosa vs. Singson was dismissed due to its nature and the lack of legal standing of the petitioner, the Supreme Court in the said case had the occasion to cite the above-mentioned case of Calderon vs. Carale and also explain that, ‘Congress cannot by law expand the confirmation powers of the CA and require confirmation of appointment of other government officials not expressly mentioned in the first sentence of Section 16 of Article VII of the Constitution’.
“For everyone’s information, the said case involved the appointment of Mr. Gabriel C. Singson as BSP governor. Following the dismissal of the case, Mr. Singson’s appointment therefore did not undergo a confirmation process with the CA.”
