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Bermudez Vs Exec Sec

Oscar Bermudez challenged the appointment of Conrado Quiaoit as Provincial Prosecutor because the Secretary of Justice did not recommend Quiaoit as required by law. The court ruled that the President has discretionary authority over appointments and the recommendation of the Secretary of Justice is merely advisory. As the appointing authority, the President has the right to choose who is best qualified and is not bound by recommendations. The court upheld Quiaoit's appointment despite the lack of recommendation from the Secretary of Justice.

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82 views1 page

Bermudez Vs Exec Sec

Oscar Bermudez challenged the appointment of Conrado Quiaoit as Provincial Prosecutor because the Secretary of Justice did not recommend Quiaoit as required by law. The court ruled that the President has discretionary authority over appointments and the recommendation of the Secretary of Justice is merely advisory. As the appointing authority, the President has the right to choose who is best qualified and is not bound by recommendations. The court upheld Quiaoit's appointment despite the lack of recommendation from the Secretary of Justice.

Uploaded by

Melvin L. Tomarong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Bermudez vs.

Exec Secretary

FACTS: Petitioner Oscar Bermudez, the First Assistant Provincial Prosecutor of Tarlac and Officer-in-
Charge of the Office of Provincial Prosecutor, was a recommendee of then Sec. of Justice Guingona
for the position of Provincial Prosecutor. Private respondent Atty. Conrado Quiaoit had the support
of then Representative Yap of the Second District of Tarlac. Quiaoit was appointed by Pres. Ramos to
the office. Quiaoit took his oath and assumed office. Bermudez refused to vacate the Office of the
Provincial Prosecutor. Nonetheless, Quiaoit, performed the duties and functions of the Office of
Provincial Prosecutor. Petitioner Bermudez challenged the appointment of Quiaoit primarily on the
ground that the appointment lacks the recommendation of the Sec. Of Justice prescribed under the
Revised Administrative Code of 1987. Section 9, Chap. II, Title III, Book IV of the Revised
Administrative Code provides that all provincial and city prosecutors and their assistants shall be
appointed by the Pres. upon the recommendation of the Secretary.

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 Quiaoit.

RULING: The recommendation here is nothing really more than advisory in nature. The Pres., 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. As the power to appoint is, in
essence, discretionary. The appointing authority 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.

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