IX. LEGISLATIVE DEPARTMENT

H. Electoral Tribunals and the Commission on Appointments

This topic focuses on two specific bodies within the Legislative Department of the Philippines: the Electoral Tribunals and the Commission on Appointments (CA). These are special constitutional bodies that ensure the integrity of elections and the proper appointment of public officials. Each plays a unique role in the legislative process, and they have distinct powers and procedures.

1. Electoral Tribunals

A. Constitutional Basis

The creation of the Electoral Tribunals is mandated by Article VI, Section 17 of the 1987 Philippine Constitution. These tribunals are tasked with the exclusive authority to resolve election contests involving members of Congress, i.e., the Senate and the House of Representatives.

There are two distinct tribunals:

Senate Electoral Tribunal (SET) – for election contests involving the Senate.
House of Representatives Electoral Tribunal (HRET) – for election contests involving the House of Representatives.

B. Composition

Both tribunals follow a similar structure, consisting of:

Nine members:
- Three Justices of the Supreme Court, designated by the Chief Justice.
- Six members from the respective chamber of Congress (Senators for the SET, and Representatives for the HRET), chosen based on proportional representation of the political parties or blocs in the respective chamber.

The Justices serve as neutral members, while the legislators represent their political affiliations. The Chairman of the tribunal is always one of the Justices.

C. Jurisdiction

The Electoral Tribunals have exclusive jurisdiction over the following matters:

Election contests involving the qualifications, returns, and the proper proclamation of a member of the Senate (SET) or House of Representatives (HRET).
- Election contests refer to any action or protest filed by a candidate questioning the validity of the election of a member, usually concerning allegations of fraud, misconduct, or other irregularities during the election process.
Qualifications of Members of Congress:
- The tribunals are empowered to rule on whether a sitting member meets the qualifications for membership, as enumerated in the Constitution (e.g., citizenship, age, residency).

D. Procedure

Filing of Petition: Any aggrieved party (usually an opposing candidate) may file an election protest or petition to question the election of a member of Congress.
Election Protest: Involves a detailed investigation and reexamination of the contested election, including the possible recount of votes or review of electoral procedures.
Finality of Decision: The decisions of the Electoral Tribunals are final and executory. They are not subject to appeal to any other court, including the Supreme Court, except on very limited grounds such as jurisdictional overreach.

2. Commission on Appointments (CA)

A. Constitutional Basis

The Commission on Appointments is a constitutional body created under Article VI, Section 18 of the 1987 Philippine Constitution. Its role is to confirm or reject certain appointments made by the President of the Philippines, ensuring a system of checks and balances between the executive and legislative branches.

B. Composition

The CA is composed of 25 members, who include:

The Senate President as the ex officio Chairman.
Twelve Senators.
Twelve Members of the House of Representatives.

The members of the Commission are elected based on proportional representation from the political parties or coalitions represented in both houses of Congress. Members of the CA hold office until their legislative term expires.

C. Jurisdiction and Powers

The Commission on Appointments has the authority to confirm or reject the following presidential appointments:

Cabinet Members:
- All heads of executive departments (e.g., Secretary of Foreign Affairs, Secretary of Justice, etc.) require confirmation by the CA.
Ambassadors, Public Ministers, and Consuls:
- The CA reviews and confirms appointments of ambassadors and other diplomatic representatives of the country.
Officers of the Armed Forces from the rank of Colonel or Naval Captain and higher:
- Senior military officers require confirmation by the CA before they can assume their positions.
Heads of Constitutional Commissions:
- Chairpersons and Commissioners of constitutional bodies such as the Commission on Elections (COMELEC), Commission on Audit (COA), and Civil Service Commission (CSC) need CA confirmation.
Other Officers as may be required by law:
- This includes other positions where the law expressly requires CA confirmation.

D. Procedure

Appointment by the President: The President submits a list of nominees to the Commission on Appointments.
Committee Hearings: The CA’s respective committees hold public hearings to vet the nominees. These hearings involve:
- A review of the qualifications and experience of the nominee.
- Questions regarding the nominee’s competence, integrity, and suitability for the office.
Plenary Voting: After the committee hearing, the CA votes in plenary session on whether to confirm or reject the appointment. A majority vote of all members present is required to approve or reject the nomination.
Discretionary Powers: The Commission on Appointments has considerable discretion in confirming or rejecting appointments. The power to confirm or reject does not require the CA to give reasons, and its decisions are generally not subject to judicial review.

E. Limitations

The CA’s powers are limited by the Constitution:

Midnight Appointments: Under Article VII, Section 15, the President is prohibited from making appointments two months before the next presidential election and until the end of their term, except temporary appointments to executive positions when continued vacancies could prejudice public service.
Ad Interim Appointments: During recess of Congress, the President may make temporary or ad interim appointments, but such appointments shall only be effective until the Commission on Appointments disapproves them or until the next adjournment of Congress.

Summary and Legal Implications

Electoral Tribunals (SET and HRET) ensure the legitimacy of the election of members of Congress, with exclusive jurisdiction over election contests.
Commission on Appointments provides a check on the President’s power of appointment, ensuring that certain key appointments are subject to the approval of Congress.

Both of these bodies play crucial roles in upholding the constitutional principles of checks and balances, ensuring the integrity of the electoral process, and maintaining the proper functioning of government through careful scrutiny of appointments.