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

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

He would face the 25-member Constitutional body that is mandated to confirm or reject appointments made by the president.

In August, SAGIP Party-list 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 then cautioned Herbosa to "respect the rule of law" if he wanted to secure his appointment.

"The Philippine government, particularly Congress and Senate, have already set the country's state policy on vape and heated tobacco products with the passage of RA11900 (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," he said.

"If he 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," he added.

Herbosa expressed his opposition to the government's proposal, stressing that it would be "counterproductive" to the government's long history of fighting against the use of tobacco products.

"Economic managers should consider the long-term economic burden resulting from these harmful products due to premature sickness and deaths, which outweighs 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 also served as undersecretary at the Department of Health from 2010 to 2015, under the Aquino administration.