BSP chief does not require CA confirmation – Panelo
Published Mar 6, 2019 11:02 am
By Genalyn Kabiling
The Bangko Sentral ng Pilipinas (BSP) Governor does not fall under the list of presidential appointees requiring confirmation by the Commission on Appointments (CA) under the Constitution, Malacañang said Wednesday.
Presidential Spokesman Salvador Panelo
(OPS / MANILA BULLETIN) Presidential Spokesman Salvador Panelo asserted that the latest appointment of BSP Governor Benjamin Diokno does not need to get the nod of the CA, invoking the Constitution and relevant laws. “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. Under Article VII, Section 16 of the 1987 Constitution, he said the presidential appointments requiring the nod of the CA cover the 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. “A perusal thereof reveals that the Governor of the BSP does not fall under any of the categories of officials,” Panelo said. He also said in the case of Calderon vs. Carale, the Supreme Court ruled that Congress cannot amend the provisions of the Constitution by mere legislation. He said the court “ruled in the negative” when petitioners asked "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." Panelo also mentioned that then BSP Governor Gabriel Singson did not undergo a confirmation process with the CA after the Supreme Court dismissed a case questioning his appointment. “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,” he said. The SC decision came amid the provision in the Central Bank Act that states the BSP governor shall be head of a department and his appointment shall be subject to confirmation by the CA. “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. Panelo issued the clarification after voicing optimism Diokno could hurdle the CA due to his integrity and competence during Tuesday’s press conference in Malacañang. President Duterte announced the appointment of Diokno as new BSP Governor at the start of the Cabinet meeting in Malacañang on Monday. Diokno will take the place of the late BSP Governor Nestor Espenilla Jr. Malacañang has assured the country’s banking institutions are “in good and competent hands” with Diokno at the helm of BSP. Panelo said Diokno is expected to spearhead reform initiatives that will align the financial institution’s operations with international best practices and improve its corporate viability, among others. "We wish Sec. Diokno all the best in his endeavors as the new chief of the country’s central monetary authority," he said.
Presidential Spokesman Salvador Panelo(OPS / MANILA BULLETIN) Presidential Spokesman Salvador Panelo asserted that the latest appointment of BSP Governor Benjamin Diokno does not need to get the nod of the CA, invoking the Constitution and relevant laws. “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. Under Article VII, Section 16 of the 1987 Constitution, he said the presidential appointments requiring the nod of the CA cover the 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. “A perusal thereof reveals that the Governor of the BSP does not fall under any of the categories of officials,” Panelo said. He also said in the case of Calderon vs. Carale, the Supreme Court ruled that Congress cannot amend the provisions of the Constitution by mere legislation. He said the court “ruled in the negative” when petitioners asked "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." Panelo also mentioned that then BSP Governor Gabriel Singson did not undergo a confirmation process with the CA after the Supreme Court dismissed a case questioning his appointment. “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,” he said. The SC decision came amid the provision in the Central Bank Act that states the BSP governor shall be head of a department and his appointment shall be subject to confirmation by the CA. “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. Panelo issued the clarification after voicing optimism Diokno could hurdle the CA due to his integrity and competence during Tuesday’s press conference in Malacañang. President Duterte announced the appointment of Diokno as new BSP Governor at the start of the Cabinet meeting in Malacañang on Monday. Diokno will take the place of the late BSP Governor Nestor Espenilla Jr. Malacañang has assured the country’s banking institutions are “in good and competent hands” with Diokno at the helm of BSP. Panelo said Diokno is expected to spearhead reform initiatives that will align the financial institution’s operations with international best practices and improve its corporate viability, among others. "We wish Sec. Diokno all the best in his endeavors as the new chief of the country’s central monetary authority," he said.