Seilat: a Office of the Brantury TWENTIETH CONGRESS OF THE) First Regular Session 26 MAR 19 A11:14 First Regular SessiP LIPPINES, S.B. No. 5. 2004 RECEIVED BY: Introduced by SENATOR IMEE R. MARCOS AN ACT STRENGTHENING THE BASES CONVERSION AND DEVELOPMENT AUTHORITY, AMENDING FOR THE PURPOSE SECTION 9 OF REPUBLIC ACT NO. 7227, OTHERWISE KNOWN AS THE "BASES CONVERSION AND DEVELOPMENT ACT OF 1992", AS AMENDED EXPLANATORY NOTE
Section 16, Article VII of the 1987 Constitution provides for the President's
power of appointment, which states: "The President shall nominate and, with the consent of the Commission on Appointments, 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. 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. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards." The pursuit of efficient governance and strict adherence to constitutional principles necessitates the periodic review and alignment of our statutes. It is in this spirit that this bill seeks to amend Section 9 of Republic Act No. 7227, otherwise known as the "Bases Conversion and Development Act of 1992," to rectify a provision that has been rendered constitutionally infirm by settled jurisprudence. In the landmark case of Sarmiento III vs. Mison (G.R. No. 79974), the Supreme Court provided a definitive interpretation of the said constitutional provision. The Court held that the confirmation of the Commission on Appointments (CA) is required only
for the first group of officers specifically enumerated in the first sentence of Section 16, Article VIl. These are: 1. Heads of executive departments; 2. Ambassadors, other public ministers and consuls; 3. Officers of the armed forces from the rank of colonel or naval captain; and 4. Other officers whose appointments are vested in the President in the Constitution itself. The Court categorically ruled that all other presidential appointments, such as those provided for by law, do not require CA confirmation. Under this doctrine, the Chairman and Members of the Board of Directors of the Bases Conversion and Development Authority (BCDA) fall under the second sentence of the constitutional provision. Consequently, requiring CA confirmation for these positions through a statute constitutes an unconstitutional diminution of the President's appointing power. Accordingly, this measure seeks to remove the phrase requiring the "consent of the Commission on Appointments" to align the BCDA Act of 1992, as amended, with the constitutional mandate and established jurisprudence. In view of the foregoing, the immediate passage of this bill is earnestly sought. Feé h. Maver AMEER. MARCOS
Senate Office of the Draelse TWENTIETH CONGRESS OF THE) REPUELTC OF THE PHILIPPINES First Regular Session 26 MAR 19 A11:14 SENATE S.B. No._ 2004 RECEIVED BY: Introduced by SENATOR IMEE R. MARCOS AN ACT STRENGTHENING THE BASES CONVERSION AND DEVELOPMENT AUTHORITY, AMENDING FOR THE PURPOSE SECTION 9 OF REPUBLIC ACT NO. 7227, OTHERWISE KNOWN AS THE "BASES CONVERSION AND DEVELOPMENT ACT OF 1992", AS AMENDED Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Section 9 of Republic Act No. 7227, as amended, is hereby amended to
read as follows: "Section 9. Board of Directors: Composition. - The powers and functions of the Conversion Authority shall be exercised by a Board of Directors to be composed of nine (9) members, as follows: XXX (b) Eight (8) other members from the private sector, two (2) of whom coming from the labor sector. The chairman and members shall be appointed by the President [with the consent of the Commission on appointments]. Of the initial members = of the Board, three (3) including the chairman, a representative from the private sector and a representative from the labor sector shall be appointed for a term of six (6) years, three (3) for a term of four (4) years and the other three (3) for a term of two (2) years. In case of
vacancy in the Board, the appointee shall serve the unexpired term of the predecessor. Xxx"
Sec. 2. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.
Sec. 3. Repealing Clause. - All law, presidential decree or issuance, executive order,
letter of instruction, rule of regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.
Sec. 4. Effectivity. - This Act shall take effect after fifteen (15) days following its
complete publication in the Official Gazette or in a newspaper of general circulation. Approved,