You are on page 1of 1

Government of the Philippine Islands vs Springer

Facts:

On Nov. 9, 1926, the Governor- General promulgated Executive Order No. 37


wherein it declared that the provisions of the statutes passed by the Legislature
which was about the creating of a voting committee or board of control, and
enumerating the duties and powers thereof with respect to certain corporations in
which the Philippine Government is the owner of the stocks, are null and void. It was
announced that on account of the invalidity of some portions of the Acts which were
about the voting committee, the Governor-General would exercise exclusively the
duties and powers of the voting committee or board. On Dec. 6, 1926, a special
meeting of the stockholders of the Philippine Mining Corporation was held. The
Governor –General, through his representative, declared that he has the sole power
to vote the stock of the Government and he also objected the asserted powers of
the Senate President and the Speaker of the House. The House Speaker and the
Senate President voted in favor of the defendants Milton Springer, Dalmacio Costas
and Anselmo Hilario who were not favored by the Governor-General. After the
stockholder’s meeting the chairman delacred the defendants as directors of the
National Coal Company . A quo warranto was brought in the name of the
Government of the Philippine Islands against the three defendants who were elected
to their positions by the House Speaker and Senate President. The plaintiff
questions the validity of Act. Nos. 2705 and 2882 which created the voting
committee.

Issue:

Whether or not the Senate President together with the House Speaker can elect
directors of the National Coal Company.

Held:

No, only the Governor-General has the power to appoint members or directors of
the National Coal Company. The court held that that under the system of
government of delegated powers, under which delegation legislative power vests in
the Philippine Legislature and executive power vests in the Governor-General, and
under which delegation a general power of appointment resides in the Governor-
General and a specified power of appointment resides in the Philippine Legislature,
the latter cannot directly or indirectly perform functions of an executive nature
through the designation of its presiding officers as majority members of a body
which has executive functions.

You might also like