Case Summary (G.R. No. 189028)
Controversy Over the 2009 Proclamations
In 2009, following the multi-stage selection process, the CCP–NCCA Boards submitted four recommended names—Manuel Conde, Ramon Santos, Lazaro Francisco, Federico Aguilar-Alcuaz—to President Gloria Macapagal-Arroyo. The President’s Committee on Honors also entertained unsolicited nominations for Guidote-Alvarez, Caparas, Moreno, and Mañosa. Ultimately, Proclamations Nos. 1823–1829 appointed eight National Artists, including the four unvetted private respondents and omitting Ramon Santos.
Procedural Posture and Issues
Petitioners sought prohibition, certiorari, and injunction to enjoin and set aside the conferment on Guidote-Alvarez, Caparas, Moreno, and Mañosa, and to compel conferment on Santos. The Court issued a status-quo order (Aug 25, 2009) suspending any ceremonies or release of funds for the private respondents.
Standing of the Petitioners
The Court found that living National Artists have a distinct interest in preserving the exclusivity and integrity of their Order, and that Gemino Abad—an initial nominee excluded from final consideration—suffered unequal treatment vis-à-vis respondents. Other taxpayers and concerned artists lacked the requisite personal injury but the Court relaxed standing rules to address an issue of transcendent public importance.
Scope of Presidential Discretion and Role of CCP–NCCA
Under the 1987 Constitution, the President “shall ensure that the laws be faithfully executed” (Art. VII, Sec. 17). PD 208 and RA 7356 institutionalized the CCP Board’s power to administer and draft rules for the National Artist award and the NCCA’s power to advise the President on cultural awards. EO 236 and EO 435 reinforced that CCP and NCCA “shall advise the President” on the Order of National Artists. These statutes and joint guidelines, having the force of law, channel the President’s discretion to the list recommended by CCP and NCCA.
Legal Limits on Presidential Authority
The President’s power to “recommend” or “advise” is discretionary but must conform to existing laws and regulations. He may accept, modify, or reject CCP–NCCA recommendations, but he cannot confer the Order on individuals outside those recommendations or override statutory nomination restrictions (e.g., disqualification of board members and staff). Guidote-Alvarez, as NCCA Executive Director, was expressly barred from nomination under the joint guidelines.
Violation of Due Process and Equal Protection
By appointing Guidote-Alvarez, Caparas, Moreno, and Mañosa—none of whom passed the prescribed screening—the former President disregarded the mandatory CCP–NCCA
...continue readingCase Syllabus (G.R. No. 189028)
Facts
- A group of existing National Artists, cultural workers, academics and Concerned Artists of the Philippines (CAP) filed a petition for prohibition, certiorari and injunction.
- They challenged the 2009 proclamations naming private respondents Guidote-Alvarez, Caparas, Moreno and MaAosa as National Artists, alongside four Board-recommended honorees.
- Proclamation Nos. 1823–1829 were issued by President Gloria Macapagal-Arroyo in June–July 2009.
- A status quo order was entered by the Supreme Court enjoining conferment ceremonies and release of funds for the private respondents.
Antecedents: Creation and Evolution of the Order of National Artists
- April 27, 1972: Proclamation No. 1001 created the National Artist Award; Fernando Amorsolo declared first National Artist.
- May 15, 1973: Proclamation No. 1144 amended Proclamation No. 1001, creating the National Artists Awards Committee (CCP Board of Trustees) tasked to administer the award and draft selection rules.
- June 7, 1973: Presidential Decree No. 208 reiterated CCP’s authority and granted privileges to National Artists.
- April 3, 1992: Republic Act No. 7356 established the NCCA with mandate to develop, promote and preserve Filipino culture and to advise the President on awards including the National Artist honor.
- 1996: NCCA and CCP formed the National Artist Award Secretariat and centralized funding and administration.
- September 2007: Joint CCP-NCCA noted revised Guidelines governing nomination, selection and conferment.
- September 19, 2003 & June 8, 2005: Executive Orders No. 236 and 435 elevated the award to “Order of National Artists,” placed it in Honors Code, created Committee on Honors, and clarified President must be advised by CCP and NCCA.
Key Guidelines for Selection (September 2007)
- Administration by NCCA in coordination with CCP; enlist private sector experts.
- Special Research Group (10–20 experts) to verify nominees’ data.
- National Artist Award Council of Experts (up to 7 per discipline plus living National Artists) to screen and recommend.
- Membership restrictions: no CCP/NCCA board, officers, staff, consultants may be nominated; nominees submit detailed documentation.
- Criteria: Filipino citizenship, contribution to nationho