Dela Cerna, Hannah Keziah P.

I- Wigmore
Statutory Construction

Bermudez v. Executive Secretary Torres

G.R. No. 131429. August 4, 1999

FACTS:

In 1997, there was a vacancy in the Office of the Provincial Prosecutor of Tarlac.
This impelled petitioner Oscar Bermudez, the First Assistant Provincial Prosecutor
of Tarlac and Officer-In-Charge of the Office of the Provincial Prosecutor, and
private respondent Conrado Quiaoit to have contrasting views on the proper
interpretation of a provision in the 1987 Revised Administrative Code. Bermudez
was recommended by then Justice Secretary Teofisto Guingona, Jr. While
Quiaoit was supported by then Representative Jose Yap of the Second Legislative
District of Tarlac.

On 30 June 1997, Quiaoit was appointed by President Ramos to the contested

office and on July 21 1997, took his oath of office. Bermudez refused to vacate the
Office of Provincial Prosecutor. Nonetheless, Quiaoit performed the functions and
duties of the Office of Provincial Prosecutor by issuing office orders and memoranda,
signing resolutions on preliminary investigations, and filing several informations
before the courts. Quiaoit had since been regularly receiving the salary, RATA and
other emoluments of the office.

On 10 October 1997, Bermudez together with his co-petitioners, filed with the RTC
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, assailing 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.
Commented [U1]: a judicial writ issued as a command
to an inferior court or ordering a person to perform a
public or statutory duty
Commented [U2]: a judicial order that restrains a
person from beginning or continuing an action
threatening or invading the legal right of another, or that
compels a person to carry out a certain act, e.g., to
make restitution to an injured party

ISSUE:

Is the absence of a recommendation of the Secretary of Justice to the President fatal to

the appointment of respondent Conrado Quiaoit?
HELD:

No. The absence of a recommendation of the Secretary of Justice is not fatal to

Quiaoit’s appointment. The phrase "upon recommendation of the Secretary," should
be interpreted, 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 Secretary of Justice is a mere alter-ego of the President. 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.