Dr. Teodoro "Ted" Herbosa's fate as secretary of the Department of Health may be determined today by the powerful Commission on Appointments.

Herbosa, who was tapped by President Ferdinand Marcos Jr. to head the DoH last June, is the only Cabinet official who has yet to be confirmed by the CA.

He will face the 25-member constitutional body that is mandated to confirm or reject appointments made by the President.

In August, SAGIP Partylist Rep. Rodante Marcoleta admonished Herbosa for opposing the Department of Trade and Industry's plan to make the Philippines a manufacturing hub for heated tobacco products or HTPs.

Marcoleta had then cautioned Herbosa to "respect the rule of law" if he wanted to secure his appointment.

"The Philippine government, particularly the House and the Senate, have already set the state policy on vape and heated tobacco products with the passage of RA 11900 (Vaporized Nicotine and Non-Nicotine Products Regulation Law) regulating the same. The President allowed it to lapse into law which means he supports the policies stated therein. Otherwise, he would have vetoed it," Marcoleta said.

"If he (Herbosa) wants to secure his confirmation, he should learn to respect the rule of law and abide by existing laws and state policies enacted by Congress," Marcoleta added.

Herbosa had expressed his opposition to the vape law, stressing that it was "counter-productive" to the government's long history of fighting against the use of tobacco products.

He also urged the economic managers to reconsider their support of the law, saying it would later outweigh any economic gains.

"The economic managers should consider the long-term economic burden resulting from these harmful products due to premature sickness and deaths, which outweighs any potential economic gains from investing in these industries," he said.

Prior to his appointment, Herbosa served as special adviser to the National Task Force against Covid-19.

He was also an undersecretary at the Department of Health from 2010 to 2015 under the Aquino administration.