1.

3 Previous appointments
2. The appointment is published in the CSC

Misplaced basis:

The case involves a concurrence of the appointment

ARGUMENTS:

1. It is improper to conclude that the appointment of Ms. XXXXX is of

Assistant Secretary and
2. What is written in the LGU - secretary to the sanggunian
3. Valdez. Issue whether there is a need to confirm the sanggunian of
the
4. Estoppel against the government is not applicable – exception: G.R.
No. 116111
5. The records show that private respondent was issued a permanent appointment on
September 19, 1986 as Supply Officer I in the DECS Division of San Pablo City effective
September 30, 1986. On the basis of the of said appointment which was approved by the
Civil Service Regional Office No. IV, private respondent assumed and performed the duties
and functions of the position as Supply Officer I and received the compensation and benefits
of the said position in accordance with the mandate of Section 9 par.(h) of the Civil Service
Law (P.D. 807, as amended). In consonance with the doctrine laid down in Villanueva
v. Balallo, G.R. No. L-17745, October 31, 1963, 9 SCRA 407, that an
appointment is complete when the last act required of the appointing
power has been performed, but later qualified in Favis v. Rupisan,
G.R. No. L-22823, May 19, 1966, 17 SCRA 190, that the acts of the
head of a department or office making the appointment and the
Commissioner of Civil Service acting together, though not
concurrently, but consecutively, are necessary to make an
appointment complete, the permanent appointment extended to
private respondent, under the circumstances of the case, is deemed
complete. As such, she is entitled to the protection of the law against
unjust removal.
6.
7. The moment the appointee assumes a position in the civil service under a completed
appointment, he acquires a legal, not merely equitable right, which is protected not only by
statute, but also by the Constitution, and it cannot be taken away from him, either by
revocation of the appointment or by removal, except for cause, and with previous notice and
hearing, consistent with Section 4 of Article XII of our fundamental law, and with the
constitutional requirement of due process.