04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly Thus, an acceptance is still necessary in order for the appointee to validly assume his post and discharge the functions of his new office, and thus make the appointment effective. There can never be an instance where the appointment of an incumbent will automatically result in his resignation from his present post and his subsequent assumption of his new position; or where the President can simply remove an incumbent from his current office by appointing him to another one. I stress that acceptance through oath or any positive act is still indispensable before any assumption of office may occur.[46] (Emphasis added) The dissent proposes that this Court ignore well-settled jurisprudence during the appointment ban, but apply the same jurisprudence outside of the appointment ban. [T]he well-settled rule in our jurisprudence, that an appointment is a process that begins with the selection by the appointing power and ends with acceptance of the appointment by the appointee, stands. As early as the 1949 case of Lacson v. Romero, this Court laid down the rule that acceptance by the appointee is the last act needed to make an appointment complete. The Court reiterated this rule in the 1989 case of Javier v. Reyes. In the 1996 case of Garces v. Court of Appeals, this Court emphasized that acceptance by the appointee is indispensable to complete an appointment. The 1999 case of Bermudez v. Executive Secretary, cited in the ponencia, affirms this standing rule in our jurisdiction, to wit: “The appointment is deemed complete once the last act required of the appointing authority has been complied with and its acceptance thereafter by the appointee in order to render it effective.”[47] The dissent’s assertion creates a singular exception to the well-settled doctrine that appointment is a process that begins with the signing of the appointment paper, followed by the transmittal and receipt of the appointment paper, and becomes complete with the acceptance of the appointment. The dissent makes the singular exception that during the constitutionally mandated ban on appointments, acceptance is not necessary to complete the appointment. The dissent gives no reason why this Court should make such singular exception, which is contrary to the express provision of the Constitution prohibiting the President from making appointments during the ban. The dissent’s singular exception will allow the President, during the ban on appointments, to remove from office incumbents without cause by simply appointing them to another office and transmitting the appointment papers the day before the ban begins, appointments that the incumbents cannot refuse because their acceptance is not required during the ban. Adoption by this Court of the dissent’s singular exception will certainly wreak havoc on the civil service. The following elements should always concur in the making of a valid (which should be understood as both complete and effective) appointment: (1) authority to appoint and evidence of the exercise of the authority; (2) transmittal of the appointment paper and evidence of the transmittal; (3) a vacant position at the time of appointment; and (4) receipt of the appointment paper and acceptance of the appointment by the appointee who possesses all the qualifications and none of the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717 14/75