Consulate General of the Philippines in New York
News Release, 25 August 2004

GMA appointees can assume posts sans C.A. nod -- Palace

Malacañang today maintained that it did not violate the Constitution by allowing new members of the Cabinet to assume office before their confirmation by the Commission on Appointments (CA).

In his regular press briefing this afternoon at the palace, Presidential Spokesman Ignacio Bunye said that the Palace’s action was not without precedent.

He pointed out that past administrations had also allowed new Cabinet appointees to perform their functions immediately.

"There had been Presidents in the past whose appointees started performing their functions as soon as they took their oath of office," Bunye said.

The presidential spokesman was reacting to the observation of Senate Minority Floor Leader Aquilino Pimentel, Jr. that Cabinet members appointed while the Congress is in session are considered as mere nominees until the CA confirms their appointment.

Bunye clarified that the appointments of the new Cabinet members would be submitted to the CA for confirmation, adding that members of the official family of President Gloria Macapagal-Arroyo in acting capacity can also perform all the functions related to their offices.

"My understanding is that even before you are confirmed you can actually perform all the functions of your office, and that includes signing pertinent documents," he explained.

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