No need for Diokno to get CA nod—Palace

There is no need for newly installed Bangko Sentral ng Pilipinas (BSP) Gov. Benjamin Diokno to get the approval of the powerful Commission on Appointments (CA), Malacañang said on Wednesday, March 6.

Presidential spokesperson Salvador Panelo made the clarification a day after saying Diokno’s “integrity, competence and expertise” are enough qualities to convince the CA to confirm the latter’s new appointment.

“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, it is the position of the Palace that the said appointment need not be confirmed by the Commission on Appointments,” Panelo said in a statement.

On Tuesday, March 5, Panelo said he believed that Diokno, the former Budget secretary prior to his new appointment, would get the CA’s nod, stressing that the new central bank chief has all the qualities needed for the post.

Under Article 2, Section 6(a) of Republic Act 7653 of the New Central Bank Act, the appointment of BSP governor, as head of the department, “shall be subject to confirmation by the Commission on Appointments.”

But Panelo noted that the position of BSP governor does not need to get the CA’s confirmation, according to Article 7, Section 16 of the 1987 Constitution.

Panelo cited that under the provision of the Constitution, those who need approval of the CA are 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,” he said.

Panelo also took note of the case “Calderon vs Carale,” saying that “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 Section 16, Article 7 of the Constitution.’”

“The Supreme Court ruled in the negative, explaining that Congress cannot amend the provisions of the Constitution by mere legislation,” he said.

He also cited that while the petition in the “Tarrosa vs Singson” case 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.”

“(The hight court) also explains 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.

Given the doctrines, Panelo stressed that a governor of the BSP no longer needs the CA’s approval.

“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.”

Meanwhile, the BSP expressed its support for Diokno.

BSP Officer-in-Charge Cyd Tuano-Amador said Wednesday that as the fifth governor of the BSP, Diokno brings with him “a special brand of leadership honed from decades of exposure to different facets of government operations.”

“The BSP community looks forward to his assumption into office tomorrow, Thursday (March 7), and to working closely with him to ensure the smooth functioning of the central bank to effectively discharge its mandate to promote price and financial stability, to ensure a safe, reliable and efficient payments system as well as to help sustain economic growth that is inclusive and participatory,” she said. /

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. SALVADOR PANELO