Electoral Tribunals and the Commission on Appointments: Powers under the Legislative Department
A. Electoral Tribunals
Electoral Tribunals are bodies established by the 1987 Constitution of the Philippines to resolve disputes involving the election, returns, and qualifications of members of Congress. Specifically, the Senate Electoral Tribunal (SET) for Senators and the House of Representatives Electoral Tribunal (HRET) for members of the House of Representatives. These tribunals are vested with exclusive jurisdiction over electoral contests relating to their respective chambers.
1. Constitutional Basis
Senate Electoral Tribunal (SET) and House of Representatives Electoral Tribunal (HRET) are created under Article VI, Section 17 of the 1987 Constitution.
- Section 17: The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members.
- Each tribunal is composed of nine members: three from the Supreme Court, designated by the Chief Justice, and six from the Senate or the House of Representatives, as the case may be, chosen based on proportional representation from the political parties and party-list organizations.
2. Powers and Functions of the Electoral Tribunals
Exclusive Jurisdiction: The Electoral Tribunals have the exclusive authority to hear and decide electoral contests concerning members of the Senate and the House of Representatives. No other entity can assume jurisdiction over these matters.
- Senate Electoral Tribunal (SET): Exercises exclusive jurisdiction over all contests related to the election, returns, and qualifications of Senators.
- House of Representatives Electoral Tribunal (HRET): Exercises exclusive jurisdiction over all contests related to the election, returns, and qualifications of members of the House of Representatives.
Judicial Function: The Tribunals function in a quasi-judicial capacity. They are independent of the legislative functions of Congress and act as quasi-judicial bodies that review evidence and legal arguments.
Scope of Authority:
- The tribunals can inquire into the qualifications of candidates, such as citizenship, age, residency, and other eligibility requirements under the Constitution.
- They review issues concerning the election process, including fraud, vote-buying, and errors in the counting and canvassing of votes.
- Proclamation Disputes: They can invalidate the proclamation of a winning candidate if evidence shows irregularities.
Decisions: The decisions of the Electoral Tribunals are final and executory. These decisions are generally not appealable, except in cases of grave abuse of discretion, which may be subject to review by certiorari by the Supreme Court under its expanded judicial power (Article VIII, Section 1 of the Constitution).
3. Composition and Process
Three Justices of the Supreme Court, designated by the Chief Justice, and six members of the Senate or the House, selected based on proportional representation.
Impartiality: The tribunal members must act impartially, even though a majority are from the legislative body. A balance is maintained by the presence of justices from the Supreme Court.
Quorum and Decision: A majority of the members of the Electoral Tribunal constitutes a quorum for its meetings, and decisions are rendered by a majority vote of all its members.
B. Commission on Appointments
The Commission on Appointments (CA) is a constitutional body vested with the power to confirm certain appointments made by the President of the Philippines. It acts as a check on the executive branch by ensuring that presidential appointments meet the requirements of competence, integrity, and fitness for office.
1. Constitutional Basis
Article VI, Section 18 of the 1987 Constitution provides for the creation of the Commission on Appointments.
- Section 18: The Commission on Appointments consists of the President of the Senate, as ex officio chairman, and twelve Senators and twelve members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties or organizations therein. The Chairman of the Commission shall vote only in case of a tie.
2. Powers and Functions of the Commission on Appointments
Power of Confirmation: The primary power of the CA is to approve or disapprove certain appointments made by the President. The positions requiring confirmation include:
- Heads of executive departments (i.e., Cabinet members).
- Ambassadors, other public ministers, and consuls.
- Officers of the armed forces from the rank of colonel or naval captain.
- Heads of government-owned or controlled corporations (GOCCs) or their subsidiaries, as provided by law.
Appointments that Do Not Require Confirmation: The following appointments do not require confirmation by the CA:
- The Vice President (when appointed to a Cabinet position).
- Judges and justices (whose appointments are under the purview of the Judicial and Bar Council, Article VIII, Section 9).
- Career officials whose promotions are based on merit and seniority, as required by law.
Scope of Review: The CA reviews the qualifications and fitness of the appointees. This involves an assessment of the appointees' qualifications, ethical standards, track record, and integrity. Appointees must undergo confirmation hearings where they may be asked to answer questions about their background and qualifications.
Decision-Making Process:
The CA votes in plenary after hearings conducted by its committees. Appointees must receive a majority vote of all the members of the CA present in the session for their appointment to be confirmed.
Rejection of Appointments: The CA has the power to reject an appointment. Once rejected, the President may no longer reappoint the same individual to the same position unless the CA reverses its decision.
Voting and Powers of the Chair: The Senate President serves as the ex officio chairman of the Commission and votes only in the case of a tie.
3. Checks and Balances
- The Commission on Appointments is an essential part of the checks and balances mechanism in the Philippine government. It ensures that the executive branch does not have unchecked power over appointments and that only qualified and competent individuals are appointed to sensitive positions in the government.
4. Confirmation Process
- The Commission exercises its power through its committees, each of which handles specific categories of appointments (e.g., foreign affairs, defense, etc.). Appointees appear before these committees for public hearings, during which members of the Commission may question them about their qualifications and fitness for the position.
5. Decisions and Appeals
- The decisions of the CA, like those of the Electoral Tribunals, are final and binding. Once the CA confirms or rejects an appointment, the decision is effective immediately. There is no higher authority to appeal CA decisions on confirmations.
C. Interrelationship and Key Jurisprudence
The Supreme Court has consistently upheld the independence of both the Electoral Tribunals and the Commission on Appointments as essential mechanisms of checks and balances.
The Electoral Tribunals are considered quasi-judicial bodies, and their decisions can only be reviewed by the Supreme Court under the narrow ground of grave abuse of discretion (e.g., Cayetano v. Monsod and Francisco v. House of Representatives Electoral Tribunal).
The Commission on Appointments, on the other hand, is a political body, and its decisions, especially on the rejection of appointments, are generally considered political questions and are not subject to judicial review.
D. Conclusion
Both the Electoral Tribunals and the Commission on Appointments play critical roles in the Philippine constitutional system. They serve as independent entities that ensure the proper functioning of the democratic processes related to elections and appointments in government. These bodies safeguard against abuses of power and uphold the constitutional principles of checks and balances.