Virgilio Almario et al. vs Executive Secretary et al.

G.R. No. 189028 – 714 Phil. 127 – 701 SCRA 269 – Political Law – The Executive Department – Powers of the President – Duty to Faithfully Execute the Laws – Power to Award National Artists

Under RA 7356 (1992) and Proclamation No. 1144 (1973) the National Center for Culture and the Arts (NCCA) and the Cultural Center of the Philippines (CCP) were respectively tasked to nominate national artist awardees. The nominees shall be forwarded to the President who will then choose who among the nominees shall be conferred the Order of National Artist. National Artists are entitled to receive several benefits such as cash awards, monthly stipends, insurance, and other benefits. In 2007, the NCCA Board and the CCP Board met to discuss who shall be declared as National Artists for 2009. Their deliberations continued until 2008. In April 2009, a total of 87 nominees were considered. Virgilio Almario, Carlo J. Caparas, Nora Aunor, and other artists were among those longlisted. The list was reduced to 32; then to 13. In May 2009, a panel of experts convened and the final shortlist was drawn as follows: Manuel Conde, Ramon Santos, Lazaro Francisco, and Federico Aguilar-Alcuaz. In the same month, the four artists were officially indorsed to then President Gloria Arroyo. During the same period, PGMA also received indorsements from various sectors, cultural groups and individuals strongly endorsing Cecile Guidote-Alvarez, Carlo J. Caparas, Francisco Mañosa and Jose Moreno as national artists.

In July 2009, the palace announced that the 2009 Order of National Artists awardees were Conde, Francisco, and Aguilar Alcuaz as well as Guidote-Alvarez, Caparas, Mañosa, and Moreno. Santos was not conferred the national artist award while artists not officially indorsed by the NCCA and the CPP were awarded.

Almario et al. then questioned the conferment done on Guidote-Alvarez, Caparas, Mañosa, and Moreno for being a grave abuse of discretion on the part of PGMA.

ISSUE: Whether or not PGMA acted in grave abuse of discretion in conferring the Order of National Artist to individuals not officially indorsed by the NCCA and the CPP.

HELD: Yes. Proclamation Nos. 1826 to 1829 dated July 6, 2009 proclaiming Cecile Guidote-Alvarez, Carlo Magno Jose Caparas, Francisco Mañosa, and Jose Moreno, respectively, as National Artists are declared INVALID and SET ASIDE for having been issued with grave abuse of discretion.

The President’s discretion in the conferment of the Order of National Artists should be exercised in accordance with the duty to faithfully execute the relevant laws. The faithful execution clause is best construed as an obligation imposed on the President, not a separate grant of power. It simply underscores the rule of law and, corollarily, the cardinal principle that the President is not above the laws but is obliged to obey and execute them. This is precisely why the law provides that “administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.”

In this connection, the powers granted to the NCCA and the CCP Boards in connection with the conferment of the Order of National Artists by executive issuances were institutionalized by laws. Until set aside, these laws and the regulations implementing them are binding upon executive and administrative agencies, including the President himself/herself as chief executor of laws.

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