04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly 92573, June 3, 1991, 198 SCRA 102, 106. From this power, too, flows the power to discipline or remove, as a rule (See Larin v. Executive Secretary, 345 Phil. 961 (1997). [140] The ponencia holds that the following elements should always concur in the making of a valid appointment: (1) authority to appoint and evidence of the exercise of the authority; (2) transmittal of the appointment and evidence of the transmittal; (3) a vacant position at the time of the appointment; and (4) acceptance of the appointment by the appointee who possesses all the qualifications and none of the disqualifications, p. __. [141] See Valencia v. Peralta, Jr., supra note 40, at 694-695. [142] Bermudez v. Executive Secretary, 370 Phil. 769 (1999). [143] Every particular job in an office calls for both formal and informal qualifications. Formal qualifications such as age, number of academic units in a certain course, seminars attended, and so forth, may be valuable but so are such intangibles as resourcefulness, team spirit, courtesy, initiative, loyalty, ambition, prospects for the future, and best interests of the service. Given the demands of a certain job; who can do it best should be left to the head of the office concerned provided the legal requirements for the office are satisfied (Lapinid v. Civil Service Commission, et al., 274 Phil. 381, 386 [1991], citing Gaspar v. Court of Appeals, 268 Phil. 842 [1990]). [144] Rollo (G.R. No. 203372), p. 31; rollo (G.R. No. 206290), pp. 59 and 62. [145] Book IV, Chapter 7, Sec. 38(1) Administrative Code of 1987 reads: Sec. 39. Secretary's Authority. - (1) The Secretary shall have supervision and control over the bureaus, offices, and agencies under him, subject to the following guidelines: (a) Initiative and freedom of action on the part of subordinate units shall be encouraged and promoted, rather than curtailed, and reasonable opportunity to act shall be afforded those units before control is exercised[.] [146] Comment in G.R. No. 203372; Comment in G.R. No. 206290, pp. 292-294. [147] MRO Service Guide, p. 5, rollo, p. 526 (G.R. No. 206290). [148] As early as Villena v. Secretary of Interior, the Court had held: Familiarity with the essential background of the type of government established under our Constitution, in the light of certain well-known principles and practices that go with the system, should offer the necessary explanation. With reference to the Executive Department of the government, there is one purpose which is crystal-clear and is readily visible without the projection of judicial searchlight, and that is, the establishment of a single, not plural, Executive. The first section of Article VII of the Constitution, dealing with the Executive Department, begins with the enunciation of the principles that “The executive power shall be vested in a President of the Philippines.” This means that the President of elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717 73/75