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