The Government of the Philippine Islands vs.

Springer
G.R. No. L-26979, April 1, 1927
MALCOLM, J.:

FACTS

National Coal Company is a corporation organized and existing by virtue of Act. No.
2705 of P.L. as amended by Act. No. 2822 and Corp. Law.

See Sec. 4 of Act 2705, as amended by Sec. 2 of Act 2282 provided that “The voting
power of all such stock (NCC) owned by the Government of the Philippine Islands shall be
vested exclusively in a committee consisting of the Governor General, Senate President and
Speaker of the House.

Governor-General, was directed to subscribe on behalf of the Government of the

Philippines for atl east 51% of the Capital of the Corp, but eventually the government because
the owner of more than 99% of shores.

Governor-General, EO No. 37, declaring the portions of the acts creating the voting
committee invalid. GG, exclusively have their duties and powers assumed by voting committee
board of control.

ISSUE

WON , the said act, which gave voting power of the government owned shared of the
National Coal Company to the Governor-General. Committee consisting of Governor-General,
Senate President, Speaker of the House valid

RULING

Powers of the Legislative Department of the Government, like boundaries of ocean, are
unlimited. In constitutional governments, however, as well as government acting under delegated
authority, the powers of each of the department of the same are limited and confined within the
Constitutional powers as expressly given and other powers which are the shore of legislative
authority where waters of legislative enactment may dash, but over which it cannot legislate.

Valid in accordance with the Doctrine of SoP.

Legislative power creates the public office but it has nothing to do with designating the
persons to fill the office. Executive No. 37 which divested the voting right of the Senate
President, House Speaker in the National Coal Company and lodged solely in Governor-general
valid.

Appointing persons in public office is executive.

National Coal Company is a GOCC, created by Congress.

Act 2705, purports to vest voting power of National Coal Company in Senate President,
Speaker of the House of Representatives is unconstitutional and void.