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VERA FILES FACT CHECK: Marcos seeking confirmation of Sara Duterte’s DepEd nomination needs context

Section 3, Article VII of the 1987 Constitution specifically states that the vice president, if appointed to a Cabinet position, is exempted from the scrutiny of the CA, which is mandated to approve or disapprove appointments made by the president.

May 17, 2022

VERA Files

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The statement of presumptive president Ferdinand “Bongbong” Marcos Jr. that he will “give” the nomination papers of his running mate and presumptive vice president Sara Duterte-Carpio as the next Education secretary to the Commission on Appointments (CA) needs context.

STATEMENT

In a six-minute media appearance on May 11, Marcos, the only son and namesake of the late dictator Ferdinand Marcos Sr., announced that he has started discussing with his advisers the people he will appoint to the Cabinet and other government offices once proclaimed as the country’s next president.

Marcos, who was a member of the CA during his Senate stint, said:

“… I think I am already authorized … to announce the first nominee that we will be giving to the Commission on Appointments when the time comes should I be proclaimed. And that is that our incoming vice president (Duterte-Carpio) has agreed to take the brief of [the] Department of Education.”

 

Source: Ferdinand “Bongbong” Marcos Jr. official Facebook page, LIVE: Presumptive president Bongbong Marcos makes a statement, May 11, 2022, watch from 4:40 to 5:08

Based on the ongoing partial and unofficial vote count, both Marcos Jr. and Duterte-Carpio are leading in the presidential and vice presidential races with over 31 million votes each. Congress, acting as the board of canvassers for the top two executive positions, will begin canvassing the votes on May 24 and eventually proclaim the winners in the recently concluded May 9 polls.

FACT

Section 3, Article VII of the 1987 Constitution specifically states that the vice president, if appointed to a Cabinet position, is exempted from the scrutiny of the CA, which is mandated to approve or disapprove appointments made by the president.

“The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.”

 

Source: 1987 Philippine Constitution, Section 3, paragraph 2, Accessed May 13, 2022

 

 

The Cabinet is the president’s official family, composed of the heads of various line agencies in the executive branch, including the Deped.

Aside from the Cabinet portfolio of the vice president, other positions such as commissioner of the Bureau of Customs, chairperson of the Commission on Human Rights, Ombudsman and deputies, justices of the Supreme Court and judges of lower courts do not require confirmation by the CA.

Under the 1987 Constitution, which was crafted following the ouster of Marcos Sr. in 1986, the president is required to seek the consent of the CA when appointing “heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the Armed Forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him.” The CA has the power to approve or disapprove the appointments made by the president.

 

The workflow of the Commission on Appointments (Photo courtesy: Commission on Appointments) 

The CA is composed of the Senate president, 12 senators and 12 members of the House of Representatives. Although its members are from the Congress, it is an independent constitutional body tasked to ensure “checks and balances” in the appointing powers of the president.

 

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Sources

Ferdinand “Bongbong” Marcos Jr. official Facebook page, LIVE: Presumptive president Bongbong Marcos makes a statement, May 11, 2022

Senate of the Philippines official website, MARCOS TAKES OATH AS NEW CA MEMBER, Aug. 14, 2013

ABS-CBN News official website, Halalan 2022 Election Results, Accessed May 14, 2022

GMA News Online official website, Election Results, Accessed May 14, 2022

Parish Pastoral Council for Responsible Voting, National Local Elections, Accessed May 14, 2022

Official Gazette official website, The 1987 Constitution of the Republic of the Philippines, Accessed May 14, 2022

Commission on Appointments official website, Mandate, Accessed May 14, 2022

Commission on Appointments official website, Confirmation Process, Accessed May 14, 2022

Commission on Appointments official website,  THE NEW RULES of the COMMISSION ON APPOINTMENTS and RULES OF THE STANDING COMMITTEES, Accessed May 14, 2022

Official Gazette official website, The Executive Branch, Accessed May 14, 2022

Commission on Appointments official website, Primer, Accessed May 14, 2022

Supreme Court official website, History, Accessed May 14, 2022

Senate of the Philippines official Facebook page, COC RECEPTION ROUNDUP, Accessed May 14, 2022

 

(Guided by the code of principles of the International Fact-Checking Network at Poynter, VERA Files tracks the false claims, flip-flops, misleading statements of public officials and figures, and debunks them with factual evidence. Find out more about this initiative and our methodology.)

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