04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly A: If a document does not pass through the MRO contrary to established procedure, the MRO cannot issue a certified true copy of the same because as far as the MRO is concerned, it does not exist in our official records, hence, not an official document from the Malacañan. There is no way of verifying the document’s existence and authenticity unless the document is on file with the MRO even if the person who claims to have in his possession a genuine document furnished to him personally by the President. As a matter of fact, it is only the MRO which is authorized to issue certified true copies of documents emanating from Malacañan being the official custodian and central repository of said documents. Not even the OES can issue a certified true copy of documents prepared by them (boldfacing supplied). Q: Why do you say that? A: Because the MRO is the so-called “gate-keeper” of the Malacañan Palace. All incoming and outgoing documents and correspondence must pass through the MRO. As the official custodian, the MRO is in charge of the official release of documents. xxxx Q: Assuming the MRO has already received the original appointment paper signed by the President together with the transmittal letter prepared by the OES, you said that the MRO is bound to transmit these documents immediately, that is, on the same day? A: Yes. However, contrary to the respondents’ claim,[146] failure to course an appointment through the MRO for official release is not fatal. Otherwise, an office[147] in the Executive department particularly within the Office of the President can make or break an appointment by its own inaction or even contrary to the instruction of the Chief Executive,[148] thereby emasculating the President’s power of control and negating his power of appointment. 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] Thus, the President himself or his Executive Secretary may cause the issuance of the appointment paper and transmittal letter, if any, without need of forwarding it to the MRO so long as the date of actual issuance or release of the appointment paper (and transmittal letter, if any) can otherwise be established by other means and be proven with reasonable certainty in obeisance to the constitutional prohibition. Since this constitutional limitation on the President’s appointing power is triggered only every six years, compliance with this evidentiary requirement to establish with reasonable certainty the timeliness of the issuance of appointment paper should not be difficult to comply with. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717 56/75

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents