G.R. No. 91636 April 23, 1992
PETER JOHN D. CALDERON, petitioner, vs. BARTOLOME CARALE, in his capacity as Chairman of the National Labor Relations Commission, EDNA BONTO PEREZ, LOURDES C. JAVIER, ERNESTO G. LADRIDO III, MUSIB M. BUAT, DOMINGO H. ZAPANTA, VICENTE S.E. VELOSO III, IRENEO B. BERNARDO, IRENEA E. CENIZA, LEON G. GONZAGA, JR., ROMEO B. PUTONG, ROGELIO I. RAYALA, RUSTICO L. DIOKNO, BERNABE S. BATUHAN and OSCAR N. ABELLA, in their capacity as Commissioners of the National Labor Relations Commission, and GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management, respondents.

FACTS

Republic Act No. 6715 (Herrera-Veloso Law), amending the Labor Code, was approved in March 1989. Section 13 thereof provides that the Chairman, Division Presiding Commissioners, and other Commissioners of the National Labor Relations Commission (NLRC) “shall all be appointed by the President, subject to confirmation by the Commission on Appointments.” Pursuant to this law, President Corazon C. Aquino appointed the Chairman and Commissioners of the NLRC. The appointments stated that the appointees may qualify and enter upon the performance of their duties. The appointments were not submitted to the Commission on Appointments for confirmation. Petitioner Peter John D. Calderon filed a petition for prohibition questioning the constitutionality and legality of these permanent appointments extended by the President without submitting them to the Commission on Appointments for confirmation as required by RA 6715.

ISSUE

Whether or not Section 13 of Republic Act No. 6715, which requires confirmation by the Commission on Appointments of the appointments of the Chairman and Members of the National Labor Relations Commission, is constitutional.

RULING

No. The Supreme Court declared Section 13 of Republic Act No. 6715 unconstitutional. The Court ruled that confirmation by the Commission on Appointments is required only for presidential appointees mentioned in the first sentence of Section 16, Article VII of the 1987 Constitution. These include: (1) heads of executive departments; (2) ambassadors; (3) other public ministers and consuls; (4) officers of the armed forces from the rank of colonel or naval captain; and (5) other officers whose appointments are vested in the President in the Constitution itself (such as members of the Constitutional Commissions and sectoral representatives to Congress). The Chairman and Members of the NLRC are not among these officers. Their appointments fall under the second sentence of Section 16, Article VII, which covers “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.” Appointments under this second sentence are made by the President alone, without the confirmation of the Commission on Appointments. Therefore, Congress cannot, by law, expand the list of officers requiring confirmation beyond those specified in the first sentence of the constitutional provision. RA 6715, in requiring such confirmation, unconstitutionally encroached upon the President’s appointing power. The appointments made by the President without confirmation were valid. The petition was dismissed.