CA does not need to confirm Diokno’s appointment as BSP governor — Panelo

FILE: Former Department of Budget and Management (DBM) Secretary Benjamin Diokno (Photo: Department of Budget and Management/Facebook)

Presidential Spokesperson Salvador Panelo said the powerful Commission on Appointments (CA) does not need to confirm the appointment of former Budget Secretary Benjamin Diokno as the new Bangko Sentral ng Pilipinas (BSP) governor.

In his statement on Wednesday, March 6, Panelo cited Article VII, Section 16 of the 1987 Constitution which states that the heads of the executive departments, ambassadors, 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 are the only appointments that require to get the CA’s nod.

“A perusal thereof reveals that the Governor of the BSP does not fall under any of the categories of officials,” the spokesman said.

This, however, is contrary to what is stated under Section 6, Article II of Republic Act (RA) No. 7653 or the New Central Bank Act which reads, “The Governor of the Bangko Sentral shall be head of a department and his appointment shall be subject to confirmation by the Commission on Appointments.” It was not amended by the Republic Act (RA) No. 11211 that President Rodrigo Duterte signed into law last February.

The Palace official also mentioned the case of “Calderon vs. Carale” in which the issue resolved by the Supreme Court (SC) 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.”

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

Duterte’s mouthpiece also cited the 1994 SC ruling that dismissed a petition filed by Jesus Tarrosa which questions the appointment of former BSP Governor Gabriel Singson “for not having been confirmed by the Commission on Appointments.” When the said petition was junked, Panelo said Singson’s appointment did not go through a confirmation process

“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,” he explained.

It was announced on Monday that Duterte chose Diokno as the new BSP governor, replacing Nestor Espenilla who passed away in February after battling tongue cancer.

Diokno’s appointment came after House Appropriations Committee chair Rolando Andaya, Jr. accused him of inserting P75-billion in the budget of the Department of Public Works and Highways (DPWH) for this year. The Palace on Tuesday, however, reiterated that Duterte still has his trust and confidence on the newly-appointed BSP governor despite the allegations.