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    Lacson V Romero Case Digest

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    Reniel Dennis Ramos
    Lacson was appointed provincial fiscal of Negros Oriental in 1946 and served in that role. In 1949, Lacson was nominated to be provincial fiscal of Tarlac while Romero was nominated to replace him in Negros Oriental. However, Lacson did not accept the new appointment. The court ruled that an appointment is not complete until accepted, so Lacson remained the provincial fiscal of Negros Oriental since he did not accept the new role. Therefore, Romero's appointment to replace Lacson in Negros Oriental was invalid as long as Lacson did not relinquish his original position.

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    Lacson V Romero Case Digest

    Uploaded by

    Reniel Dennis Ramos
    618 views1 page
    Lacson was appointed provincial fiscal of Negros Oriental in 1946 and served in that role. In 1949, Lacson was nominated to be provincial fiscal of Tarlac while Romero was nominated to replace him in Negros Oriental. However, Lacson did not accept the new appointment. The court ruled that an appointment is not complete until accepted, so Lacson remained the provincial fiscal of Negros Oriental since he did not accept the new role. Therefore, Romero's appointment to replace Lacson in Negros Oriental was invalid as long as Lacson did not relinquish his original position.

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    Powers of the President

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    Lacson v Romero Case Digest

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    Lacson was appointed provincial fiscal of Negros Oriental in 1946 and served in that role. In 1949, Lacson was nominated to be provincial fiscal of Tarlac while Romero was nominated to replace him in Negros Oriental. However, Lacson did not accept the new appointment. The court ruled that an appointment is not complete until accepted, so Lacson remained the provincial fiscal of Negros Oriental since he did not accept the new role. Therefore, Romero's appointment to replace Lacson in Negros Oriental was invalid as long as Lacson did not relinquish his original position.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    618 views1 page

    Lacson V Romero Case Digest

    Uploaded by

    Reniel Dennis Ramos
    Lacson was appointed provincial fiscal of Negros Oriental in 1946 and served in that role. In 1949, Lacson was nominated to be provincial fiscal of Tarlac while Romero was nominated to replace him in Negros Oriental. However, Lacson did not accept the new appointment. The court ruled that an appointment is not complete until accepted, so Lacson remained the provincial fiscal of Negros Oriental since he did not accept the new role. Therefore, Romero's appointment to replace Lacson in Negros Oriental was invalid as long as Lacson did not relinquish his original position.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Antonio Lacson V Honorio Romero

    October 14, 1949


    84 PHIL 740
    FACTS:

    -Petitioner Lacson was on July 25, 1946, appointed by the President of the Philippines, provincial fiscal
    of Negros Oriental. The appointment was confirmed by the Commission of Appointment on August 6,
    1946.

    -He took his oath of office on August 10, 1946, and thereafter performed the duties of office. Upon
    recommendation of the Sec. of Justice, on May 17, 1949, the President nominated petitioner Lacson to
    the post of provincial fiscal of Tarlac.

    -On the same date, the President nominated for the position of fiscal of Negros Oriental respondent
    Romero. Both nominations were simultaneously confirmed the Commission on Appointments on May
    19, 1949.

    -Lacson neither accepted the appointment nor assumed the assumed the office of fiscal of Tarlac. But
    respondent Romero took his oath of office (the post of fiscal of Negros Oriental) in Manila on June 16,
    1949, notified the Solicitor General of the fact, and thereafter proceeded to his station.

    -Upon arrival at Dumaguete City, Capital of Negros Oriental, he notified Lacson of his intention to take
    over the office the following day, but Lacson objected. Hence this petition.

    ISSUE:

    WON Lacson is entitled to the position

    HELD:

    The court ruled that the appointment to a government post like that of a provincial fiscal to be
    complete involves several steps. First, comes the nomination by the president. The to make that
    nomination valid and permanent, the Commission of Appointments of the Legislature has to confirm
    said nomination valid and permanent, the Commission on Appointments of the Legislature has to
    confirm said nomination. The first two steps, nomination and confirmation, constitute a mere offer of a
    post. They are acts of the Executive and Legislative departments of the government. But the last
    necessary to make the appointment complete and effective rests solely with the appointee himself. He
    may or he may not accept the appointment or nomination. As held in the case of Borromeo vs.
    Mariano, 41 Phil. 327,"there is no Power in this country which can compel a man to accept an office."
    Consequently, since Lacson has declined to accept his appointment as provincial fiscal of Tarlac and no
    one can compel him to do so, then he continues as provincial fiscal of Negros Oriental and no vacancy
    in said office was created, unless Lacson had been lawfully removed as Such fiscal of Negros Oriental

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