04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly [119] Jurisprudence to the effect that oath of office is a qualifying requirement for a public office and that it is only when the public officer has satisfied the prerequisite of oath that his right to enter into the position becomes plenary and complete (Lecaroz v. Sandiganbayan, 364 Phil. 896, 904 [1999]; Mendoza v. Laxina, Sr., 453 Phil. 1018, 1026-1027 [2003]; and Chavez v. Ronidel, G.R. No. 180941, June 11, 2009, 589 SCRA 104, 109) is immaterial in the interpretation of Section 15, Article VII because these cases concern the effects of taking or not taking an oath of office on the appointee. In Chavez, since the appointing power issued the appointment (February 23) before her successor took his oath (February 26) of office, then the appointment is valid even if the successor was “appointed” at an earlier date (February 19). In Lecaroz, the Court said that since the oath taken by the supposed successor in office was invalid (because the person who administered it has no power to do so), then the predecessor holdover officer continues to be the rightful occupant entitled to rights and privileges of the office. The necessity of taking an oath however (or of any of the acts of the appointee) is far removed from the purpose of the appointment ban. [120] Comment. [121] In Appari v. Court of Appeals (supra note 112), the Court said that when, at the instance of the President, the appointing power subsequently fixed the appointee’s term, the Board merely acted in accordance with law which empowered the Board to “fix the [appointee’s] term subject to the approval of the President.” In Bermudez v. Torres (1999), the Court’s definition of appointment was not that material since what is in issue is the lack of recommendation by the Justice Secretary to the President’s appointment as required by law. In Mitra v. Subido (G.R. No. L-21691, September 15, 1967, 215 SCRA 131, 141-142), the Court affirmed petitioner’s appointment after according presumption of regularity to the approval made by a subordinate of the Civil Service Commissioner. In so holding, the Court said: “Unless the appointment is an absolute nullity xxx the irregularity must be deemed cured by the probational and absolute appointment of the appointee and should be considered conclusive.” In Aquino v. Civil Service Commission (G.R. No. 92403 April 22, 1992, 208 SCRA 243, 248-249), the Court sustained the CSC’s action, revoking the designation of petitioner and in effect upholding that of respondent because respondent’s “permanent appointment” which was approved by the CSC conferred on respondent security of tenure. The Court laid down the rule that “the moment the discretionary power of appointment has been exercised and the appointee assumed the duties and functions of the position, the said appointment cannot be revoked by the appointing authority [except “for cause”] [provided that] the first appointee should possess the minimum qualifications required by law.” (See also, Provincial Board of Cebu v. Hon. Presiding Judge of Cebu, 253 Phil. 3 [1989]; Atty. Corpuz v. Court of Appeals, 348 Phil. 804 [1998]; and Dimaandal v. Commission on Audit, 353 Phil. 528 [1998]). [122] Re: Seniority Among the Four (4) Most Recent Appointments to the Position of Associate Justices of the Court of Appeals, supra note 40. [123] It is argued that since the final act in the appointing process is the transmittal of the appointment to the Supreme Court, then the second option should determine the issue of seniority. The Court rejected this argument. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717 70/75