Tarrosa vs. Singson (G.R. No. 111243, May 25, 1994)
Facts:
On July 2, 1993, Gabriel C. Singson was appointed Governor of the Bangko Sentral by President Fidel V. Ramos. Jesus Armando Tarrosa, as a “taxpayer”, filed a petition for prohibition challenging the legality of Singson’s appointment.
Tarrosa argued that Singson’s appointment is null and void since it was not submitted for confirmation to the Commission on Appointments as required under Section 6 of Republic Act No. 7653, the law which established the Bangko Sentral as the Central Monetary Authority of the Philippines.
In his Comment, Singson countered that his appointment to the said position is not among those appointments which have to be confirmed by the Commission on Appointments.
Issues:
- Does Tarrosa have the locus standi to challenge the appointment of Singson?
- Is the appointment of Singson valid?
Held:
1. Tarrosa has no legal standing to question the appointment of Singson.
The petition for prohibition filed by Tarrosa is in the nature of a quo warranto proceeding as it seeks the ouster of respondent Singson and alleges that the latter is unlawfully holding or exercising the powers of Governor of the Bangko Sentral. Such a special civil action can only be commenced by the Solicitor General or by a “person claiming to be entitled to a public office or position unlawfully held or exercised by another.”
2. The appointment of Singson is valid.
Section 16 of Article 7 of the Constitution provides:
“Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the 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 in this Constitution. xxx”
An appointment to the position of BSP Governor is not among the appointments which have to be confirmed by the Commission on Appointments under Section 16 of Article 7 of the Constitution. 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 7 of the Constitution.