Bermudez Vs Torres Digest

Bermudez vs Quiaoit
The validity and legality of the appointment of respondent Conrado Quiaoit to the post of Provincial Prosecutor of Tarlac by then
President Fidel V. Ramos is assailed in this petition.
The occurrence of a vacancy in the Office of the Provincial Prosecutor of Tarlac impelled the main contestants in this case,
petitioner Oscar Bermudez and respondent Conrado Quiaoit, to take contrasting views on the proper interpretation of a provision
in the 1987 Revised Administrative Code.
Bermudez was a recommendee[2] of then Justice Secretary Teofisto Guingona, Jr., for the position of Provincial Prosecutor.
Quiaoit, on the other hand, would appear to have had the support of then Representative Jose Yap of the Second Legislative
District of Tarlac.[3] On 30 June 1997, Quiaoit emerged the victor when he was appointed by President Ramos to the coveted
office. Quiaoit received a certified xerox copy of his appointment, took his oath of office assumed office and immediately
informed the President, as well as the Secretary of Justice and the Civil Service Commission, of that assumption. Bermudez
refused to vacate the Office of Provincial Prosecutor claiming that the original copy of Quiaoits appointment had not yet been
released by the Secretary of Justice. Quiaoit, nonetheless, performed the functions and duties.
Bermudez together with his co-petitioners Arturo Llobrera and Claudio Dayaon, the Second Assistant Provincial Prosecutor and
the Fourth Assistant Provincial Prosecutor of Tarlac, respectively, filed with the Regional Trial Court of Tarlac, a petition for
prohibition and/or injunction, and mandamus, with a prayer for the issuance of a writ of injunction/temporary restraining order,
against herein respondents, challenging the appointment of Quiaoit primarily on the ground that the appointment lacks the
recommendation of the Secretary of Justice prescribed under the Revised Administrative Code of 1987. But it was denied. Hence,
the present petition.
Issue: whether or not the absence of a recommendation of the Secretary of Justice to the President can be held fatal to the
appointment of respondent Conrado Quiaoit.
Held: 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. Appointment necessarily calls for an exercise of discretion on the part of the appointing authority. In
Pamantasan ng Lungsod ng Maynila vs. Intermediate Appellate Court, reiterated in Flores vs.Drilon, 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 . .
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 part thereof.
When the Constitution or the law clothes the President with the power to appoint a subordinate officer, such conferment must be
understood as necessarily carrying with it an ample discretion of whom to appoint. It should be here pertinent to state that the
President is the head of government whose authority includes the power of control over all "executive departments, bureaus and
offices." Control means the authority of an empowered officer to alter or modify, or even nullify or set aside, what a subordinate
officer has done in the performance of his duties, as well as to substitute the judgment of the latter, as and when the former deems
it to be appropriate. Expressed in another way, the President has the power to assume directly the functions of an executive
department, bureau and office. It can accordingly be inferred therefrom that the President can interfere in the exercise of
discretion of officials under him or altogether ignore their recommendations.
It is the considered view of the Court, given the above disquisition, that the phrase "upon recommendation of the Secretary,"
found in Section 9, Chapter II, Title III, Book IV, of the Revised Administrative Code, should be interpreted, as it is normally so
understood, to be a mere advise, exhortation or indorsement, which is essentially persuasive in character and not binding or
obligatory upon the party to whom it is made. The recommendation is here nothing really more than advisory in nature. The
President, being the head of the Executive Department, could very well disregard or do away with the action of the departments,
bureaus or offices even in the exercise of discretionary authority, and in so opting, he cannot be said as having acted beyond the
scope of his authority.
Petition denied.

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