Rufino v.

Endriga Section 16 Power of Appointment Facts: PD No,15 created CCP for the purpose of propagating arts and culture in the Philippines This is a petition of quo warranto proceeding involving the controversy revolves between two contending groups, both claiming to be the rightful trustees of the CCP Board, has legal right to hold office. In the present case, the incumbent President of the Phil. Appointed Endriga group as trustees, while the remaining CCP trustees elected the same Endriga group to the same position. This is a recurring controversy in the appointment of CCP trustees every time a new president is elected. (The Court must put an end in this recurring anomaly) Sec. 6 (b) of the of PD 15 in question states: o The governing powers and authority of the corporation shall be vested in, anfdexercised by, a Bard of 11 Trustees who shall serve without compensation o (b)Vacancies in the Board of Trustees due to termination of term, resignation, incapacity, death or other causes shall be filled by election by a vote of majority of the trustees held at the next regular meeting following occurrence of such vacancy Should only 1 trustee survive, the vacancies shall be filled by the surviving trustee acting in consultation with the ranking officers of the Center Should for any reason the Board be left entirely vacant, the same shall be filled by the President of the Philippines o (c) No person may serve as trustee who is not a resident of the Phil., of good moral standing in the community, and at least 25 years of age Trustees may not be re-elected for more than two consecutive terms In the language of PD 15, vacancies in the CCP Board shall be filled by majority of the remaining trustee acting in consultation with the ranking officers of the CCP. Should the Board become entirely vacant, the vacancies shall be filled by the President. Sec. 6(c) does not allow trustees to reelect fellow trustees for more than 2 consecutive terms.

Power of Appointment The power of the president to appoint, as well as the legislatures authority to delegate the power to appoint, is found in Sec. 16, Art. VII of Consti. The power to appoint is the prerogative of the President, EXCEPT when the Consti provides otherwise. Usurpation of this fundamentally Executive power by Legislature violates the system of separation of powers. Under Sec. 16 of Art, VII, the president appoints 3 groups of officers 1) Heads of Exec. Departments, ambassadors, other public ministers and consuls, officers of AFP and whose officers whose appointments are vested in the president by Constitution (appointed with the consent of COA) 2) Those whom the president may be authorized to appoint (appointed without the consent of COA) 3) All other officers of the government whose appointments are not otherwise provided by law (appointed w/o the consent of COA if the law is silent on who is the appointing power) The 4th group is of lower-ranked officers whose appointments Congress may by law vest in the heads of o Departments; o Agencies; o commissions; or o Boards The present case involves the 4th group of officers The Scope of Appointing Power of the Heads of Departments, Agencies, Commissions, or Boards Fr. Bernas explaining the evolution of Sec. 16 o It was a relic from the 1935 and 1973 Constitution o It meant that while, generally, appointing authority belongs to the President, Congress could let others share in such authority. o The word inferior was understood to mean petty and unimportant but lower in rank than thos ehom the appointing authority could be given Intent of the framers of 1987 Consti was to allow the Congress by law to vest the appointment of lower-ranked officers in the heads of departments, agencies, commissions, or boards. Congress may vest the authority to appoint only the heads of the named offices The head refers to the chairperson for many reasons 1) all heads refers to all the offices succeeding that term; 2) agencies & department only have chief executives or head of agencies 3) commissions and boards have chief executives as their heads 4) Counterpart of sec. 16 in 1935 and 1973 consti uniformly refer to heads of offices 5) The 3 consti make a clear distinction whenever a power to appoint lower-ranked officers to members of a collegial body or it head. (i.e. vesting the power in the courts and in the heads of department 1935 Consti) 6) Sec 16 is an enumeration of offices whose heads may be vested by

Issue: WON Section 6 (b) and (c) of PD 15 is constitutional. Held: No, insofar as it authorizes the remaining trustees to fill by election vacancies in the Board of Trustees of CCP. Ratio: Section 6 (b) and (c) f PD 15 is repugnant of the Constitution o Because it empowers the remaining trustees to fill vacancies by electing their FELLOW trustees. o Consti only allows heads of the departments, agencies, commissions or boards to appoint officers lower in rank than such. This excludes appointing officer appointing an officer in equal rank as him. o elect and appoint. Their effect is the same. o It conflicts with the presidents power to appoint

the law with the power to appoint lower-ranked officers. Thus, in the heads of refer to departments, as well as in the heads of agencies, commissions, or boards

The Chairperson of the CCP Board is the Head of CCP o It is not an agency but a board of purpose The Presidents power of Control o President should have the control of all executive departments, bureaus and offices. o CCP is executive department because it does not fall in legislative nor judicial department