Lacson v Romero
92, Phil. 456
FACTS
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On July 25, 1946, the President appointed the Petitioner, Antonio Lacson, as provincial fiscal of
Negros Oriental, which was confirmed by the Commission on Appointment. He was elected and
then went about his business.
On May 17, 1949, the President appointed him to the position of provincial fiscal in Tarlac,
based on the recommendation of the Secretary of Justice, and concurrently appointed the
Respondent, Honorio Romero, to the position of provincial fiscal of Negros Oriental. The
Commission on Appointment confirmed both of them.
Both parties became agitated when they appeared in the hearings of Judge Narvasa and Judge
Ocampo, both of whom favored the Respondent. When the Petitioner requested payment for
his salary as provincial fiscal of Negros Oriental, it was denied and Respondent Romero was paid
instead.
ISSUE
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Whether or not the confirmation Commission on Appointment can create a vacancy in the
position of provincial fiscal of Negro Oriental in the absence of the Petitioner's acceptance of the
nomination.
RULING
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No, the appointment to a government position such as provincial fiscal requires several steps to
be completed. The President's nomination comes first. The nomination must then be confirmed
by the Legislature's Commission on Appointments in order for it to be valid and permanent. The
final step is for the appointee to accept the appointment by taking office.
The first two steps, nomination and confirmation, are merely job offers. They are acts of the
Government's Executive and Legislative branches. However, the final step required to make the
appointment complete and effective rests solely with the appointee himself. He may accept or
decline the appointment or nomination.