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OSCAR BERMUDEZ v. EXECUTIVE SECRETARY RUBEN TORRES

This case has been cited 5 times or more.

2015-06-16
CARPIO, J.
Appointment, as an executive act, is an exercise of power or authority. It is the unequivocal act of designating or selecting an individual to discharge and perform the duties and functions of an office or trust.[112] The appointment is deemed complete once the last act required of the appointing authority has been complied with and acceptance is thereafter made by the appointee in order to render it fully effective.[113]
2015-06-16
CARPIO, J.
The act of issuing or releasing the appointment paper (together with the transmittal letter, if any) is the only reliable[141] and unequivocal[142] act that must be completed to show the intent of the appointing power to select the appointee. In other words, the President cannot be considered to have performed the “last act” required of him to complete the exercise of his power of appointment if the signing of the appointment is not coupled with its issuance.
2015-06-16
CARPIO, J.
The president’s power of control “of all the executive departments, bureaus, and offices” gives him the authority to assume directly the functions of the executive department, bureau and office, or interfere with the discretion of its officials and employees[149] from the Cabinet Secretary down to the lowliest clerk[150] or altogether ignore their recommendations.[151]
2010-09-28
CORONA, C.J.
An appointment to a public office is the unequivocal act, of one who has the authority, of designating or selecting an individual to discharge and perform the duties and functions of an office or trust.[3] Where the power of appointment is absolute and the appointee has been determined upon, no further consent or approval is necessary and the formal evidence of the appointment, the commission, may issue at once.[4]  The appointment is deemed complete once the last act required of the appointing authority has been complied with.[5]
2009-04-02
CARPIO, J.
On 8 October 2007, the CHED issued Resolution No. 718-2007[10] referring petitioner's request to exclude independent review centers from CHED's supervision and regulation to the Office of the President as the matter requires the amendment of EO 566. In a letter dated 17 October 2007,[11] then CHED Chairman Romulo L. Neri (Chairman Neri) wrote petitioner regarding its petition to be excluded from the coverage of the CHED in the RIRR. Chairman Neri stated:While it may be true that regulation of review centers is not one of the mandates of CHED under Republic Act 7722, however, on September 8, 2006, Her Excellency, President Gloria Macapagal-Arroyo, issued Executive Order No. 566 directing the Commission on Higher Education to regulate the establishment and operation of review centers and similar entities in the entire country.