By Azer Parrocha/PNA
MANILA — Malacañang on Wednesday clarified that newly-appointed Bangko Sentral ng Pilipinas (BSP) Governor Benjamin Diokno does not need confirmation from the Commission on Appointments (CA).
Presidential Spokesperson Salvador Panelo made this clarification after earlier expressing confidence that Diokno would get the CA nod since he possessed “integrity, competence, and expertise.”
On Tuesday night, Executive Secretary Salvador Medialdea also told reporters that Diokno does not need to get the CA nod.
“After further evaluation of relevant laws and jurisprudence surrounding the appointment of former Secretary of Budget and Management Benjamin E. Diokno as the new Governor of the Bangko Sentral ng Pilipinas (BSP), it is the position of the Palace that the said appointment need not be confirmed by the Commission on Appointments (CA),” Panelo said in a statement.
Citing “Article VII, Section 16 of the 1987” of the Constitution, Panelo said that only heads of the executive departments; ambassadors; other public ministers and consuls; officers of the armed forces from the rank of colonel or naval captain; and other officers whose appointments are vested in the President under the Constitution, such as commissioners of Constitutional Commissions require confirmation of the CA.
“A perusal thereof reveals that the Governor of the BSP does not fall under any of the categories of officials,” Panelo said.
Panelo also cited “Calderon vs. Carale”, where 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.”
He said the Supreme Court ruled in the negative explaining that Congress cannot amend the provisions of the Constitution by a mere legislation.
“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 Commission on Appointments 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,’” Panelo said.
“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,” he added.
Panelo said the BSP Governor does not need confirmation because his position is not covered by Article VII, Section 16 of the 1987 Constitution.
“In view of the foregoing doctrines, as well as the fact that a Governor of the BSP is not covered by Article VII, Section 16 of the 1987 Constitution, his appointment being provided by mere legislation, it is submitted that the appointment of former Secretary and new BSP Governor Diokno does not need confirmation from the CA,” Panelo said.
Earlier, Panelo described Diokno’s appointment as new BSP Governor as “much deserved” one.
“A much-deserved appointment. The man is competent. He is expert in his field so the President—in fact, last night when he announced it, he told the newly appointed Bangko Sentral Governor, ‘There is only one thing that I will say: serve public interest,’” Panelo said in an interview on ANC.
Duterte has yet to appoint a replacement for Diokno as Secretary of the Department of Budget and Management (DBM).
Currently, Budget Undersecretary Janet Abuel sits as officer-in-charge of the DBM.
