GR L 3081; (October, 1949) (Digest)
G.R. No. L-3081; October 14, 1949
ANTONIO LACSON, petitioner, vs. HONORIO ROMERO, ET AL., respondents.
FACTS
Petitioner Antonio Lacson was appointed Provincial Fiscal of Negros Oriental on July 25, 1946, confirmed by the Commission on Appointments on August 6, 1946, and assumed office. On May 17, 1949, the President, upon recommendation of the Secretary of Justice, nominated Lacson as Provincial Fiscal of Tarlac and simultaneously nominated respondent Honorio Romero as Provincial Fiscal of Negros Oriental. Both nominations were confirmed by the Commission on Appointments on May 19, 1949. Lacson did not accept the Tarlac appointment and did not assume that office. Romero took his oath as Provincial Fiscal of Negros Oriental on June 16, 1949, and attempted to assume the office, leading to objections by Lacson. The provincial auditor and treasurer refused to pay Lacson’s salary from June 16, 1949, and instead paid Romero, acting on advice from the Secretary of Justice. Lacson filed a quo warranto proceeding to establish his right to the Negros Oriental position and oust Romero.
ISSUE
Whether the nomination and confirmation of Lacson as Provincial Fiscal of Tarlac, without his acceptance, created a vacancy in the office of Provincial Fiscal of Negros Oriental, thereby making Romero’s appointment thereto valid.
RULING
No. The Supreme Court ruled that an appointment is not complete without the appointee’s acceptance. Lacson’s nomination and confirmation to Tarlac constituted merely an offer, which he rejected. Since he did not accept, he remained the Provincial Fiscal of Negros Oriental, and no vacancy was created. The attempted transfer, even if initially intended as a promotion, could not be effected without Lacson’s consent. The Court emphasized the importance of security of tenure for career civil servants. Consequently, Lacson is declared the rightful Provincial Fiscal of Negros Oriental. Romero is ordered to surrender the office records, and the provincial auditor and treasurer are ordered to pay Lacson his salary from June 16, 1949, onward. No costs were awarded due to Romero’s good faith reliance on his appointment.
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