THE LAW OF PUBLIC OFFICERS

1. Appointment and discretion of appointing authority

 An “APPOINTMENT” to a public office is the unequivocal act of designating or selecting by

one having the authority therefor of an individual to discharge and perform the duties and
functions of an office or trust. 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. In Pamantasan ng Lungsod ng Maynila v. Intermediate
Appellate Court (140 SCRA 22), reiterated in Flores v. Drilon (223 SCRA 568), this Court has
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.”

Indeed, it may rightly be said that the right of choice is the heart of the power to appoint. In
the exercise of the power of appointment, discretion is an integral thereof. (Bermudez v. Torres,
311 SCRA 733, Aug. 4, 1999, 3rd Div. [Vitug])

 The appointing authority has the right of choice which he may exercise freely according to
his best judgment, deciding for himself who is best qualified among those who have the
necessary qualifications and eligibilities. Not only is the appointing authority primarily
responsible for the administration of his office, he is also in the best position to determine
who among the prospective appointees can effectively discharge the functions of the
position. Thus, the final choice of the appointing authority should be respected and left
undisturbed [Civil Service Commission v. De la Cruz, G.R. No. 158737, August 31, 2004].