On June 19, 2024, Presidential Communications Office Secretary Cheloy Garafil reported that Vice President Sara Duterte resigned as Secretary of the Department of Education. Thirteen (13) days thereafter, on July 2, 2024, it was announced that Senator Sonny Angara will replace VP Sara as DepEd Secretary.
With this development, in this week’s edition, I opted to discuss how the DepEd Secretary was being selected and appointed. In the process, we will also answer the question as to what would happen to Sonny Angara’s senate seat considering his new appointment.
Section 16, Article VII of the 1987 Constitution states: 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 consul, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointment are vested in him in this Constitution. He shall appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. xxx.
The above-quoted provision of the Constitution vests upon the President the power to appoint official and officers of the Government, among which are the head of the executive departments (or cabinet members), including the Secretary of Department of Education. However, the President’s power to appoint a DepEd Secretary is not absolute. The Constitution itself mandates that such appointment should be with the consent of the Commission on Appointments.
Commission on Appointments[1] is a constitutional body which confirms or rejects political appointments made by the President of the Philippines. It is composed of twenty-five (25) members: twelve (12) Senators, twelve (12) members of the House of Representative and the Senate President as the ex officio chairman. Aside from those, enumerated under Section 16, Article VII, appointments in the following position needs confirmation from the said Commission: (1) Chairman and Commissioners of the Civil Commission, Commission on Elections, Commission on Audit and (2) the regular member of the Judicial Bar Council.
Worthy to note, however, that as enshrined in Section 3, Article XVII of the Constitution, the Vice President may be appointed as a Member of the Cabinet and such appointment requires no confirmation. Thus, VP Sara’s previous appointment did not need the confirmation or consent of the Commission on Appointments.
Having discussed the foregoing, Sonny Angara’s appointment as DepEd Secretary requires President Marcos’ nomination and Commission on Appointments’ confirmation.
Moving on to the next question, what would happen to Sonny Angara’s senate seat considering that he had accepted his appointment as DepEd Secretary?
Section 13, Article VI of the 1987 Constitution explicitly states that no Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Therefore, by his acceptance of the DepEd Secretary post, Senator Angara forfeited his seat as such.
With this, there is a vacancy in the seat which may be filled only thru a special election called for such purpose by the Senate. However, Senator Angara was on his second consecutive term as senator whose term was supposed to end next year. Thus, Senate President Chiz Escudero, in an interview, said that because of such reason, it would not be practicable at all to call for such special election. The 2025 midterm elections is less than a year away.
Just to add, Sonny Angara’s forfeiture of his senate seat is deemed as voluntary renunciation of such office. It is axiomatic that voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected. Thus, in view of the two-term constitutional limit for senators, Senator Angara is considered having fully served for two consecutive terms.
All the best to Senator Sonny Angara. All the best for DepEd.
[1] Wikipedia