04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly [107] Quirog v. Governor Aumentado, G.R. No. 163443, November 11, 2008, 570 SCRA 584, 595-596. [108] Under Article V, Section 9 (h) of Presidential Decree No. 807, the Civil Service Commission does not have the power to approve appointments made by the President. There may be a slight difference when the appointment requires confirmation. Under the Constitution, in cases requiring the confirmation of the Commission on Appointments and while Congress is in session, the President merely nominates and it is only after the Commission on Appointments has given its consent that the President appoints. This situation however can rarely happen because the prohibition in Section 15, Article VII happens only once every six years. [109] According to Valencia v. Peralta, Jr. (supra note 40), a written memorial (the commission) to evidence one’s appointment is necessary to render title to public office indubitable. [110] In Borromeo v. Mariano (1921), the Court said that even if the law does not “prevent a judge of first instance of one district from being appointed to be judge of another district," the acceptance of the new appointment by the appointee is required to carry the process of appointment out. The same principle was applied in Lacson v. Romero, G.R. No. L-3081, October 14, 1949. In Javier v. Reyes (1989) and Garces v. Court of Appeals (1996), the Court said that “acceptance x x x is indispensable to complete an appointment.” In Garces, since the respondent did not accept his appointment to another station, then the petitioner cannot be validly appointed to the respondent’s station which is not legally vacant. [111] G.R. No. 39451, February 20, 1989, 170 SCRA 360. [112] Bermudez v. Executive Secretary, G.R. No. 131429, August 4, 1999, 311 SCRA 735, 739, citing Aparri v. Court of Appeals, 212 Phil. 218, 222-223 (1984). [113] Aparri v. Court of Appeals, supra note 112. [114] Bernas, the 1987 Constitution of the Republic of the Philippines, A Commentary, 2009 Ed., at p. 870. [115] Concepcion v. Paredes, G.R. No. L-17539 December 23, 1921. [116] Section 16, CONSTITUTION. [117] G.R. No. 139821, January 30, 2002. [118] Sevilla v. Court of Appeals, G.R. No. 88498 June 9, 1992, 210 SCRA 638, 642; and Binamira v. Garrucho, G.R. No. 92008 July 30, 1990, 188 SCRA 156, 158. See also Flores v. Drilon, G.R. No. 104732 June 22, 1993, 223 SCRA 570, 578. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717 69/75