04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly disqualifications. The concurrence of all these elements should always apply, regardless of when the appointment is made, whether outside, just before, or during the appointment ban. These steps in the appointment process should always concur and operate as a single process. There is no valid appointment if the process lacks even one step. And, unlike the dissent’s proposal, there is no need to further distinguish between an effective and an ineffective appointment when an appointment is valid. Appointing Authority The President’s exercise of his power to appoint officials is provided for in the Constitution and laws.[48] Discretion is an integral part in the exercise of the power of appointment.[49] Considering that appointment calls for a selection, the appointing power necessarily exercises a discretion. According to Woodbury, J., “the choice of a person to fill an office constitutes the essence of his appointment,” and Mr. Justice Malcolm adds that an “[a]ppointment to office is intrinsically an executive act involving the exercise of discretion.” In Pamantasan ng Lungsod ng Maynila v. Intermediate Appellate Court we held: The power to appoint is, in essence, discretionary. The appointing power has the right of choice which he may exercise freely according to his judgment, deciding for himself who is best qualified among those who have the necessary qualifications and eligibilities. It is a prerogative of the appointing power x x x x Indeed, the power of choice is the heart of the power to appoint. Appointment involves an exercise of discretion of whom to appoint; it is not a ministerial act of issuing appointment papers to the appointee. In other words, the choice of the appointee is a fundamental component of the appointing power. Hence, when Congress clothes the President with the power to appoint an officer, it (Congress) cannot at the same time limit the choice of the President to only one candidate. Once the power of appointment is conferred on the President, such conferment necessarily carries the discretion of whom to appoint. Even on the pretext of prescribing the qualifications of the officer, Congress may not abuse such power as to divest the appointing authority, directly or indirectly, of his discretion to pick his own choice. Consequently, when the qualifications prescribed by Congress can only be met by one individual, such enactment effectively eliminates the discretion of the appointing power to choose and constitutes an irregular restriction on the power of appointment.[50] Transmittal It is not enough that the President signs the appointment paper. There should be evidence that the President intended the appointment paper to be issued. It could happen that an appointment paper may be dated and signed by the President elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717 15/75