04/02/2020
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the date and time as to when it was actually received were unusually left
blank.
Q: What is your basis?
A: The transmittal letter and appointment paper turned over to the MRO.
xxxx
Q: In the case of Francisca Bestoyong-Resquita who was appointed as
Commissioner of the National Commission on Indigenous Peoples,
representing Region 1 and the Cordilleras, was her appointment paper
released thru the MRO?
A: No. Her appointment paper dated March 5, 2010, with its
corresponding transmittal letter, was merely turned over to the MRO on
May 13, 2010. The transmittal letter that was turned over to the MRO
was already stamped “released” by the Office of the Executive Secretary
and received on March 15, 2010.
Q: What is your basis?
A: The transmittal letter and appointment paper turned over to the MRO.
xxxx
Q: In the case of Irma A. Villanueva who was appointed as Administrator
for Visayas of the Cooperative Development Authority, was her
appointment paper released thru the MRO?
A: No. Her appointment paper dated March 3, 2010, with its
corresponding transmittal letter, was merely turned over to the MRO on
May 4, 2010. The transmittal letter that was turned over to the MRO was
already stamped “released” by the Office of the Executive Secretary, but
the date and time as to when it was actually received were unusually left
blank.
Q: What is your basis?
A: The transmittal letter and appointment paper turned over to the MRO.
[55]
The possession of the original appointment paper is not indispensable to authorize
an appointee to assume office. If it were indispensable, then a loss of the original
appointment paper, which could be brought about by negligence, accident, fraud,
fire or theft, corresponds to a loss of the office.[56] However, in case of loss of the
original appointment paper, the appointment must be evidenced by a certified true
copy issued by the proper office, in this case the MRO.
Vacant Position
An appointment can be made only to a vacant office. An appointment cannot be
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717
24/75
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