Bermudez vs.

Torres

Facts:

Bermudez was the first assistant provincial prosecutor of Tarlac (He is also the Officer in Charge of the
Office). He was the recommendee of Guingona for the position of Provincial Prosecutor. Meanwhile
Quiaoit, was also contended to the position of Provincial Prosecutor and had the support of
representative Jose Yap.
Quiaoit won and emerge as the victor when he was appointed to the coveted office in June 30, 1997. In
July 21, 1997, he took his oath as the new Provincial Prosecutor, and on July 23, 1997, he assumed
office. Meanwhile Bermudez, refused to vacate his office, claiming that the original copy of Quiaoit’s
appointment had not been released by the Secretary of Justice. Nevertheless, Quiaoit performed his
functions and duties despite the insistence of Bermudez. On Sept. 17, 1997, Bermudez and Quiaoit were
summoned by Secretary Guingona. There, Bermudez was ordered to wind up his cases until Oct. 15, to
turn over the contended office. Before Oct 15, (specifically Oct 10, 1997) Bermudez together with his co-
petitioner filed with the RTC, challenging the appointment of Quiaoit on the ground that it lacks the
recommendation of the Secretary of Justice prescribed under the Revised Administrative Code of 1987,
but was denied by the aforesaid court, hence the petitioners filed for certiorari.

Issue:

Whether or not the absence of a recommendation of the Secretary of Justice is needed for the
appointment of Quiaoit?

Held:

No, the recommendation is not needed for the appointment of Quiaoit. The recommendation of the
Secretary of Justice and the appointment of the President are acts of the Executive Department itself,
there is no sharing of power to speak of. All intents and purposes are merely an extension of the
personality of the President.