This case has been cited 3 times or more.
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2015-06-16 |
CARPIO, J. |
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| In Osea v. Malaya[117] and in other several cases,[118] the Court held that an appointment may be defined as the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. The constitutionally mandated power of the President’s appointing power was statutorily recognized under Section 16, Chapter V, Book III, Title I of the Administrative Code. Book III of the Code pertains to the Office of the President, and Title I relates to the “Powers of the President.” Chapter V, on the other hand, focuses on the President’s “Power of Appointment” and its Section 16 provides:Section 16. Power of Appointment. - The President shall exercise the power to appoint such officials as provided for in the Constitution and laws. | |||||
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2011-03-29 |
BRION, J. |
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| Since the petitioner merely holds an acting appointment (and an expired one at that), he clearly does not have a cause of action to maintain the present petition.[69] The essence of an acting appointment is its temporariness and its consequent revocability at any time by the appointing authority.[70] The petitioner in a quo warranto proceeding who seeks reinstatement to an office, on the ground of usurpation or illegal deprivation, must prove his clear right[71] to the office for his suit to succeed; otherwise, his petition must fail. | |||||
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2005-06-08 |
CALLEJO, SR., J. |
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| Designation may also be loosely defined as an appointment because it, likewise, involves the naming of a particular person to a specified public office. That is the common understanding of the term. However, where the person is merely designated and not appointed, the implication is that he shall hold the office only in a temporary capacity and may be replaced at will by the appointing authority. In this sense, the designation is considered only an acting or temporary appointment, which does not confer security of tenure on the person named.[20] | |||||