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1 Per Judge Arsenio P. Adriano.

2 Annex D, Petition, Rollo, p. 40.

3 Memorandum of Appeal for Petitioners-Appellants, pp. 14-15.

4 Prior to the released of the original copy of Quiaoits appointment, then Justice Secretary Guingona wrote a letter addressed to then President Ramos which reads:

Dear Mr. President:

This has reference to the appointment of Atty. Conrado T. Quiaoit as Prosecutor III (Provincial Prosecutor) of the Provincial Prosecution Office of Tarlac, Region III.

It has been the practice in the appointment of prosecutors for the Office of the President to consult this Department on the most qualified candidate for the position on the basis of performance, length of service and rank. When the position of the Provincial Prosecutor of Tarlac became vacant, we have expressly recommended Prosecutor Oscar V. Bermudez to the position being the most qualified candidate based on the foregoing criteria. We are greatly concerned and disturbed therefore when that Office has appointed Atty. Quiaoit, without our comment or recommendation.

We would like also to convey to the Office of the President the adverse sentiments from the Office of the Provincial Prosecution Office of Tarlac generated by the appointment of Atty. Quiaoit in a position paper a copy of which is enclosed herewith. (Rollo, p. 13.)

5 196 SCRA 69.

6 At p. 79.

7 Entitled, Placing All Budget Officers of Provinces, Cities and Municipalities under the Administrative Control and Technical Supervision of the Ministry of Budget and Management

8 Sutherland Statutory Construction, Vol. 3, 5th ed., p. 8.

9 Ruben Agpalo, Statutory Construction, 2nd ed., p. 238, citing Miller v. Lakewood Housing Co., 180 NE 700, 81 ALR 1239.

10 See Isagani A. Cruz, Philippine Political Law, 1993 edition, p. 187; Philippine Law Dictionary By F.B. Moreno, Third Edition, p. 67; Blacks Law Dictionary, 6th edition, p. 99, citing In re Nicholsons Estate, 104 Colo. 561, 93 P. 2d 880, 884 citing Board of Education of Boyle County v. McChesney, 235 Ky. 692, 32 S.W. 2d 26, 27.

11 See Aparri v. Court of Appeals, 127 SCRA 231.

12 In the words of Justice Malcolm an (a)ppointment to office is intrinsically an executive act involving the exercise of discretion. (Concepcion v. Paredes, 42 Phil. 599.)

13 140 SCRA 22.

14 223 SCRA 568.

15 At p. 579.

16 Ibid., p. 579.

17 Sec. 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress. (Phil. Constitution, Article VII.)

18 SEC. 9. Provincial/City Prosecution Offices. The Provincial and City Fiscals Office established in each of the provinces and cities pursuant to law, is retained and renamed Provincial/City Prosecution Office. It shall be headed by a Provincial Prosecutor or City Prosecutor, as the case may be, assisted by such number of Assistant Provincial/City Prosecutors as fixed and/or authorized by law. The position titles of Provincial and City Fiscal and of Assistant Provincial and City Fiscal are hereby abolished.

All provincial/city prosecution offices shall continue to discharge their functions under existing law.

All provincial and city prosecutors and their assistants shall be appointed by the President upon the recommendation of the Secretary. (Administrative Code of 1987, Book IV, Title III, Chapter 2.)

19 Mondano v. Silvosa, et al., 97 Phil. 143; Echeche v. CA, 198 SCRA 577 citing Oliveros-Torre v. Bayot, 58 SCRA 272 and Ang-Angco v. Castillo, 118 Phil. 1468.

20 Pelaez v. Auditor-General, 15 SCRA 569.

21 Lacson-Magallanes Co., Inc. v. Pano, 21 SCRA 895.

22 Cuyegkeng v. Cruz, 108 Phil. 1147.

23 See Blacks Law Dictionary, 6th edition, p. 1272.

24 San Juan v. CSC, 196 SCRA 69.

25 At pp. 75-78.

26 Section 4, Article X of the Constitution provides: The President of the Philippines shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays shall ensure that the acts of their component units are within the scope of their prescribed powers and functions.

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