Rufino vs. Endriga (to Be Reported Case) | United States Government | Presidents Of The United States

Rufino vs.

Endriga Case: Section 16 Article 7: Facts: Two consolidated petitions for review on certiorari under rule 45 of the 1997 rules of civil procedure. First case, GR No. 139554, represented by the Solicitor General, collectively known as the RUFINO group seeks to set aside the Decision of the Court of Appeals and the Resolution denying the motion for the reconsideration. CA s decision (to be set aside) 1. Declaring petitioners, ENDRIGA group to have a clear right to their respective offices elected by the CCP board up to expiration of 4-year term 2. Ousting respondents, Rufino group, except respondent Tantoco, from their respective offices and excluding them therefrom 3. Dismissing case against Tantoco Second case, GR No. 139565, the Endriga group, seeks to assail the Resolution issued by the Court of Appeals in same case insofar as it denied their Motion for Immediate Execution of the Decision. History of PD 15: Marcos In 1966, Marcos created EO 30 Creation of the Cultural Center of the Philippines as a trust governed by a Board of Trustees of 7 members to preserve and promote Philippine culture. The original founding trustees were all pointed by Pres. Marcos 1972, after declaration of Martial Law Pres. Marcos issued PD 15 which converted CCP into a non-municipal public corporation free from the pressure or influence of politics and increased 7 members to 9. EO 1058 issued in 1985 increased 9 to 11. Aquino - 1986, after People Power Resolution, Aquino asked incumbent CCP trustees for courtesy resignation and appointed new trustees to the Board. Ramos started Endriga group Estrada appointed 7 new trustees to CCP board with term of 4 years to replace the Endriga group, except for Tantoco. Thus Rufino group took respective oaths of office and assumed performance of their duties in 1999. Endriga vs. Estrada Endriga group files Petition for Quo Warranto questioning Pres. Estrada s appointment of 7 new member of CCP board. Alleged that under Sec. 6 (b) of PD 15 vacancies of the CCP Board shall be filled by election by majority vote of trustees held at next regular meeting only when the board is entirely vacant may the President of the Phil. fill such vacancies, acting in consultation with ranking officers of CCP. In the case at bar, only one seat was vacant due to Ma Osa s expiration term. 4-year term: Endriga group maintained that under CCP Charter, the trustees fixed 4-year term can only be terminated by reason of resignation, incapacity, death, or other cause thus Pres. action was unnecessary because 10 incumbent trustees had the statutory power to fill up by election any vacancy of the board. Sec. 3 of PD 15 Endriga refuses to accept CCP is under the supervision and control of the President as Sec. 3 states shall enjoy autonomy of policy and operation CA s decision: declared Endriga group lawfully entitled to hold office as CCP trustees and ousting Rufino group from board.

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Officers of the Government (if the law is silent or head appointing declared unconsti) 4. with: o Congress . Sec. Congress may. Vacancies shall be filled by election of majority vote by the trustees. . Nor may the President s constitutional statutory power of supervision and control over government corporations restrict or modify application of CCP Charter. is unconstitutional (as it is against Sec. SUCH CANNOT EXISTS UNDER CONSTI. by Section 16 of Article 7 of the 1987 Consti. 3 s provision of Board initiating and formulating plocies and activities are still subject to Pres.gives President legislature authority to delegate power to appoint . by law. and Boards: . specifically from the Pres. power of control. Section 4 of the rules of court. Invalid delegation of the President s appointing power under the Consti 2. Lower-ranked officers whose appointments Congress may. Only can the President exercise his/her power to appoint if the board becomes entirely vacant. Those whom President may be authorized by law to appoint (and 3. Rufino s Motion for Recon: asserted. without consent of Comm of App) 3. Commissions. Agencies. st MAIN ISSUE OF 1 case: Whether or not Section 6 paragraph B of PD 15 in which gives authority to CCP trustees to elect or appoint fellow officers of equal rank.However. by the law. Hence the consolidated petitions. Deprives President s constitutional power of control and supervision over CCP MAIN ISSUE OF 2nd case: whether or not a writ of quo warranto involving public office such as CCP should be declared a self-executing judgment and deemed immediately executor under Rule 39. virtually outside the control of the Pres.y y y Sec. Makes CCP a selfperpetuating entity.16 of Article 7. Section 6 (b) and (c) of PD 15: Board of trustees has the power and authority of the corporation. 6 of PD 15 CCP trustees has the authority to appoint or elect fellow officers of equal rank not of lower CA: denied Rufino s Motion and also denied Endriga s motion for immediate execution of decision. that only the President has the appointing powers of appointing heads of executive departments) Important Issues related to lesson: 1. vest upon the appointment of other officers lower in rank (as contended in Rufino s MOC) . Intent to insulate the CCP from political influence and pressure.President appoints 5 groups of officers: 1.source of president s power to appoint . 5.share such authority as to appointing inferior or lower in rank than those vested by law o Batasang Pambansa can also appoint inferior officers . agencies.Power to appoint to heads is a matter of legislative grace.Appointing powers belong to President. commissions or boards. Appointments vested by Consti in Supreme Court and Constitutional Commission Appointment of Heads of Departments. vest in the heads of departments. Heads of Executive department (with consent from Commission of Appointments) 2. that the law could only delegate to the CCP board the power to appoint officers lower in rank than trustees of Board which is in conflict with Sec. Section 16 of Article 7 of Consti: . 6 (b) of PD 15 is free from ambiquity.

Sec. since proceedings and decisions are judicial in nature and subject to judicial review. o Local government units only general supervision HOLDING: Wherefore. has the power to appoint all officers. agencies. And we nd find it unnecessary to rule 2 case. remove. not placed or order creating them under specific department falls under Office of Pres. 3 Duties of Chairperson: .Sec.Perform duties until Board. 17 of Art. 7 CCP perform executive and not legislative. 16 allows only the heads of departments.While Sec.Power to control the power to revise or reverse acts or decisions of a subordinate officer involving exercise of discretion .Sec. . 6 (b) (c) vs. discipline all officers and personnel . as stated in Revised Admin Code of 1987 any agency. under COnsti.Applies to acts or decision of all officers in the Executive Branch . shall elect another Chairperson y y Thus. 6 talks about independent appointing powers which conflicts with the President s power to appoint the two system of appointing powers are recurring anomalies and controversies in appointment every time new President assumed office.Exempted from coverage of Civil Service Law and Rules Sec. judicial or quasi-judicial functions. CCP is a public corporation governed by the Board thus not an agency Sec. .- President s power is self-executing vested by Consti thus not subject to legislative limitations or conditions. . 6 (b) and (c) of PD 15 UNCONSTITUTIONAL insofar as it authorizes remaining trustees to fill by election vacancies of the Board.Appoint. 16 of Article 7: HOLDING: Sec. 8 PD 15 Chairperson of CCP Board is Head of CCP: . . by majority vote. 6 (b) and (c) of PD 15 are unconstitutional.Executive branch is unitary thus only the Presindet had executive power exercising control over entire Executive Branch. . Sec.President controls CCP . Others such power are the Supreme Court en banc and Consti Com Sec. with confirmation from the Board.. 6 empowers remaining trustees to fill vacancies of Board. President s Power to Control: . we grant the petition of the 1st case wherein we find Sec.Legislature can t validly enact law outside control of Presindent. CCP head is Chairperson and has power to appoint lower ranked officers Under PD 15. What is the CCP? .The CCP may elect membership in Gov t Service Insurance System (GSIS) those elected will have same rights and privileges and obligations as gov t service . allowing them to elect fellow trustees.Supervision and Control includes authority to act directly whenever a specific function is entrusted by law or regulation of subordinate . commissions or boards to appoint only officers lower in rank .Limitations: o Doesn t extend to qyaus-judicial bodies. only admin power of Pres..CCP is under the Executive branch. staff and personnel of the Center .Chairperson.

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