G.R. No. 26979 – 50 Phil. 259 – Political Law – Law on Public Officers – Power to Appoint is Essentially Executive
Sometime in the 1900s, the National Coal Company (NCC) was created by the Philippine Congress. The law created it (Act No. 2822) provides that: “The voting power shall be vested exclusively in a committee consisting of the Governor-General, the President of the Senate, and the Speaker of the House of Representatives.”
In November 1926, the Governor-General (Leonard Wood) issued E.O. No. 37 which divested the voting rights of the Senate President and House Speaker in the NCC. The EO emphasized that the voting right should be solely lodged in the Governor-General who is the head of the government (President at that time was considered the head of state but does not manage government affairs). A copy of the said EO was furnished to the Senate President and the House Speaker.
However, in December 1926, NCC held its elections and the Senate President as well as the House Speaker, notwithstanding EO No. 37 and the objection of the Governor-General, still elected Milton Springer and four others as Board of Directors of NCC. Thereafter, a quo warranto proceeding in behalf of the government was filed against Springer et al questioning the validity of their election into the Board of NCC.
ISSUE: Whether or not the Senate President as well as the House Speaker can validly elect the Board Members of NCC.
HELD: No. E.O. No 37 is valid. It is in accordance with the doctrine of separation of powers. The Supreme Court emphasized that the legislature creates the public office but it has nothing to do with designating the persons to fill the office. Appointing persons to a public office is essentially executive. The NCC is a government owned and controlled corporation. It was created by Congress. To extend the power of Congress into allowing it, through the Senate President and the House Speaker, to appoint members of the NCC is already an invasion of executive powers. The Supreme Court however notes that indeed there are exceptions to this rule where the legislature may appoint persons to fill public office. Such exception can be found in the appointment by the legislature of persons to fill offices within the legislative branch – this exception is allowable because it does not weaken the executive branch.
NOTE: This case was decided when the Philippines was under the Americans. This decision was appealed on certiorari to the US Supreme Court. The US Supreme Court affirmed this decision.
