G.R. No. 189028, July 16, 2013 - NATIONAL ARTIST FOR LITERATURE VIRGILIO ALMARIO, NATIONAL ARTIST FOR LITERATURE BIENVENIDO LUMBERA, NATIONAL ARTIST FOR VISUAL ARTS (PAINTING) BENEDICTO CABRERA, NATIONAL ARTIST FOR VISUAL ARTS (SCULPTURE) NAPOLEON ABUEVA, NATIONAL ARTIST FOR VISUAL ARTS (PAINTING AND SCULPTURE) ARTURO LUZ, NATIONAL ARTIST FOR PRODUCTION DESIGN SALVADOR BERNAL, UNIVERSITY PROFESSOR EMERITUS GEMINO ABAD, DEAN MARVIC M.V.F. LEONEN (UP COLLEGE OF LAW), DEAN DANILO SILVESTRE (UP COLLEGE OF ARCHITECTURE), DEAN ROLAND TOLENTINO (UP COLLEGE OF MASS COMMUNICATION), PROF. JOSE DALISAY, DR. ANTON JUAN, DR. ALEXANDER CORTEZ, DR. JOSE NEIL GARCIA, DR. PEDRO JUN CRUZ REYES, PROF. JOSE CLAUDIO GUERRERO, PROF. MICHAEL M. COROZA, PROF. GERARD LICO, PROF. VERNE DE LA PENA, PROF. MARIAN ABUAN, PROF. THEODORE O. TE, DR. CRISTINA PANTOJA-HIDALGO, PROF. JOSE WENDELL CAPILI, PROF. SIR ANRIAL TIATCO, PROF. NICOLO DEL CASTILLO, PROF. HORACIO DUMANLIG, PROF. DANTON REMOTO, PROF. PRISCELINA PATAJO-LEGASTO, PROF. BELEN CALINGACION, PROF. AMIEL Y. LEONARDIA, PROF. VIM NADERA, PROF. MARILYN CANTA, PROF. CECILIA DELA PAZ, PROF. CHARLSON ONG, PROF. CLOD MARLON YAMBAO, PROF. KENNETH JAMANDRE, PROF. JETHRO JOAQUIN, ATTY. F.D. NICOLAS B. PICHAY, ATTY. ROSE BEATRIX ANGELES, MR. FERNANDO JOSEF, MS. SUSAN S. LARA, MR. ALFRED YUSON, MS. JING PANGANIBAN-MENDOZA, MR. ROMULO BAQUIRAN, JR., MR. CARLJOE JAVIER, MS. REBECCA T. ANONUEVO, MR. JP ANTHONY D. CUNADA, MS. LEAH NAVARRO, MR. MARK MEILLY, MR. VERGEL O. SANTOS, MR. GIL OLEA MENDOZA, MR. EDGAR C. SAMAR, MS. CHRISTINE BELLEN, MR. ANGELO R. LACUESTA, MS. ANNA MARIA KATIGBAK-LACUESTA, MR. LEX LEDESMA, MS. KELLY PERIQUET, MS. CARLA PACIS, MR. J. ALBERT GAMBOA, MR. CESAR EVANGELISTA BUENDIA, MR. PAOLO ALCAZAREN, MR. ALWYN C. JAVIER, MR. RAYMOND MAGNO GARLITOS, MS. GANG BADOY, MR. LESLIE BOCOBO, MS. FRANCES BRETANA, MS. JUDITH TORRES, MS. JANNETTE PINZON, MS. JUNE POTICAR-DALISAY, MS. CAMILLE DE LA ROSA, MR. JAMES LADIORAY, MR. RENATO CONSTANTINO, JR., AND CONCERNED ARTISTS OF THE PHILIPPINES (CAP), Petitioners, v. THE EXECUTIVE SECRETARY, THE SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, THE CULTURAL CENTER OF THE PHILIPPINES, THE NATIONAL COMMISSION ON CULTURE AND THE ARTS, MS. CECILE GUIDOTE-ALVAREZ, MR. CARLO MAGNO JOSE CAPARAS,1 MR. JOSE MORENO, MR. FRANCISCO MAÑOSA, AND ALL PERSONS, PUBLIC AND PRIVATE, ACTING UNDER THEIR INSTRUCTIONS, DIRECTION, CONTROL AND SUPERVISION IN RELATION TO THE CONFERMENT OF THE ORDER OF THE NATIONAL ARTIST AND THE RELEASE OF FUNDS IN RELATION TO THE CONFERMENT OF THE HONORS AND PRIVILEGES OF THE ORDER OF NATIONAL ARTISTS ON RESPONDENTS GUIDOTE-ALVAREZ, CAPARAS, MORENO AND MAÑOSA, Respondents.
EN BANC
G.R. No. 189028, July 16, 2013
NATIONAL ARTIST FOR LITERATURE VIRGILIO ALMARIO, NATIONAL ARTIST FOR LITERATURE BIENVENIDO LUMBERA, NATIONAL ARTIST FOR VISUAL ARTS (PAINTING) BENEDICTO CABRERA, NATIONAL ARTIST FOR VISUAL ARTS (SCULPTURE) NAPOLEON ABUEVA, NATIONAL ARTIST FOR VISUAL ARTS (PAINTING AND SCULPTURE) ARTURO LUZ, NATIONAL ARTIST FOR PRODUCTION DESIGN SALVADOR BERNAL, UNIVERSITY PROFESSOR EMERITUS GEMINO ABAD, DEAN MARVIC M.V.F. LEONEN (UP COLLEGE OF LAW), DEAN DANILO SILVESTRE (UP COLLEGE OF ARCHITECTURE), DEAN ROLAND TOLENTINO (UP COLLEGE OF MASS COMMUNICATION), PROF. JOSE DALISAY, DR. ANTON JUAN, DR. ALEXANDER CORTEZ, DR. JOSE NEIL GARCIA, DR. PEDRO JUN CRUZ REYES, PROF. JOSE CLAUDIO GUERRERO, PROF. MICHAEL M. COROZA, PROF. GERARD LICO, PROF. VERNE DE LA PENA, PROF. MARIAN ABUAN, PROF. THEODORE O. TE, DR. CRISTINA PANTOJA-HIDALGO, PROF. JOSE WENDELL CAPILI, PROF. SIR ANRIAL TIATCO, PROF. NICOLO DEL CASTILLO, PROF. HORACIO DUMANLIG, PROF. DANTON REMOTO, PROF. PRISCELINA PATAJO-LEGASTO, PROF. BELEN CALINGACION, PROF. AMIEL Y. LEONARDIA, PROF. VIM NADERA, PROF. MARILYN CANTA, PROF. CECILIA DELA PAZ, PROF. CHARLSON ONG, PROF. CLOD MARLON YAMBAO, PROF. KENNETH JAMANDRE, PROF. JETHRO JOAQUIN, ATTY. F.D. NICOLAS B. PICHAY, ATTY. ROSE BEATRIX ANGELES, MR. FERNANDO JOSEF, MS. SUSAN S. LARA, MR. ALFRED YUSON, MS. JING PANGANIBAN-MENDOZA, MR. ROMULO BAQUIRAN, JR., MR. CARLJOE JAVIER, MS. REBECCA T. ANONUEVO, MR. JP ANTHONY D. CUNADA, MS. LEAH NAVARRO, MR. MARK MEILLY, MR. VERGEL O. SANTOS, MR. GIL OLEA MENDOZA, MR. EDGAR C. SAMAR, MS. CHRISTINE BELLEN, MR. ANGELO R. LACUESTA, MS. ANNA MARIA KATIGBAK-LACUESTA, MR. LEX LEDESMA, MS. KELLY PERIQUET, MS. CARLA PACIS, MR. J. ALBERT GAMBOA, MR. CESAR EVANGELISTA BUENDIA, MR. PAOLO ALCAZAREN, MR. ALWYN C. JAVIER, MR. RAYMOND MAGNO GARLITOS, MS. GANG BADOY, MR. LESLIE BOCOBO, MS. FRANCES BRETANA, MS. JUDITH TORRES, MS. JANNETTE PINZON, MS. JUNE POTICAR-DALISAY, MS. CAMILLE DE LA ROSA, MR. JAMES LADIORAY, MR. RENATO CONSTANTINO, JR., AND CONCERNED ARTISTS OF THE PHILIPPINES (CAP), Petitioners, v. THE EXECUTIVE SECRETARY, THE SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, THE CULTURAL CENTER OF THE PHILIPPINES, THE NATIONAL COMMISSION ON CULTURE AND THE ARTS, MS. CECILE GUIDOTE-ALVAREZ, MR. CARLO MAGNO JOSE CAPARAS,1 MR. JOSE MORENO, MR. FRANCISCO MAÑOSA, AND ALL PERSONS, PUBLIC AND PRIVATE, ACTING UNDER THEIR INSTRUCTIONS, DIRECTION, CONTROL AND SUPERVISION IN RELATION TO THE CONFERMENT OF THE ORDER OF THE NATIONAL ARTIST AND THE RELEASE OF FUNDS IN RELATION TO THE CONFERMENT OF THE HONORS AND PRIVILEGES OF THE ORDER OF NATIONAL ARTISTS ON RESPONDENTS GUIDOTE-ALVAREZ, CAPARAS, MORENO AND MAÑOSA, Respondents.
D E C I S I O N
LEONARDO-DE CASTRO, J.:
Sec. 8. The Commission. – A National Commission for Culture and Arts is hereby created to formulate policies for the development of culture and arts; implement these policies in coordination with affiliated cultural agencies; coordinate the implementation of programs of these affiliated agencies; administer the National Endowment Fund for Culture and Arts (NEFCA); encourage artistic creation within a climate of artistic freedom; develop and promote the Filipino national culture and arts; and preserve Filipino cultural heritage. The Commission shall be an independent agency. It shall render an annual report of its activities and achievements to the President and to Congress.
4. ADMINISTRATION OF THE AWARD 4.1. The National Commission for Culture and the Arts (NCCA) shall plan, organize and implement the Order of National Artists in coordination with the Cultural Center of the Philippines (CCP). 4.2. It shall enlist the support and cooperation of private sector experts from the various fields of art to ensure that the awards are implemented in a successful and impartial manner. 4.3. The National Artist Award Secretariat shall commission art experts to form a Special Research Group who shall verify information submitted on nominees and provide essential data. They shall be selected for their specialization and familiarity with the works and accomplishments of nominated artists. 4.4. The Special Research Group shall be composed of ten (10) to twenty (20) members who have expertise in one or more fields or disciplines. 4.5. The National Artist Award Council of Experts shall be created before or during the nomination period. It is tasked to screen nominees and recommend to the NCCA and CCP Boards the candidates for the Order of National Artists. It shall be composed of highly regarded peers, scholars, (including cultural philosophers and historians), academicians, researchers, art critics, and other knowledgeable individuals. A wider age-range of experts who would have first-hand knowledge of achievements of nominees shall be considered. 4.6. The selection of the members of the National Artist Award Council of Experts shall be based on the following criteria: (a) should have achieved authority, credibility and track record in his field(s) of expertise; (b) should have extensive knowledge in his field(s) and his views on Philippine art and culture must be national in perspective; (c) should be a recognized authority in the study or research of Philippine art and culture; (d) must be willing to devote sufficient time and effort to the work of the Council; (e) must be willing to sign a non-disclosure statement in order to safeguard the confidentiality of the deliberations; (f) must not have been convicted with finality of any crime by a court of justice or dismissed for cause by any organization, whether public or private. 4.7. The National Artist Award Council of Experts shall be composed of a maximum of seven (7) members each of the seven (7) areas/disciplines. The living National Artists will automatically become members in addition to the forty-nine (49) selected members. These members will constitute the first deliberation panel and will be invited to evaluate the nominations and materials submitted by the Special Research Group. 4.8. Any member of the Council of Experts who is nominated or related to a nominee up to the fourth degree of consanguinity or affinity shall inhibit himself/herself from the deliberation process. Likewise, any member may decline to participate in the deliberation for any reason or may be removed for just cause upon recommendation to the NCCA Board by at least two thirds (2/3) of the members; in which case, the National Artist Award Secretariat shall again select the replacements for those who decline or resigned until the first deliberation panel is completed. 4.9. The list of nominated members of the National Artist Award Council of Experts shall be reviewed by the National Artist Award Secretariat as needed, for purposes of adding new members or replacements. 4.10. The members of the National Artist Award Council of Experts shall serve for a fixed term of three (3) years. 5. CRITERIA FOR SELECTION The Order of National Artists shall be given to: 5.1 Living artists who are Filipino citizens at the time of nomination, as well as those who died after the establishment of the award in 1972 but were Filipino citizens at the time of their death. 5.2 Artists who through the content and form of their works have contributed in building a Filipino sense of nationhood. 5.3. Artists who have pioneered in a mode of creative expression or style, thus, earning distinction and making an impact on succeeding generations of artists. 5.4. Artists who have created a substantial and significant body of works and/or consistently displayed excellence in the practice of their art form thus enriching artistic expression or style. 5.5 Artists who enjoy broad acceptance through: 5.5.1. prestigious national and/or international recognition, such as the Gawad CCP Para sa Sining, CCP Thirteen Artists Award and NCCA Alab ng Haraya 5.5.2. critical acclaim and/or reviews of their works 5.5.3. respect and esteem from peers. 6. NOMINATION PROCEDURE 6.1. The National Artist Award Secretariat shall announce the opening of nominations through media releases and letters to qualified organizations. 6.2. Candidates may be nominated under one or more of the following categories: 6.2.1. Dance – choreography, direction and/or performance. 6.2.2. Music – composition, direction, and/or performance. 6.2.3. Theater – direction, performance and/or production design. 6.2.4. Visual Arts – painting, sculpture, printmaking, photography, installation art, mixed media works, illustration, comics/komiks, graphic arts, performance art and/or imaging. 6.2.5. Literature – poetry, fiction (short story, novel and play); non-fiction (essay, journalism, literary criticism and historical literature). 6.2.6. Film and Broadcast Arts – direction, writing, production design, cinematography, editing, camera work, and/or performance. 6.2.7. Architecture, Design and Allied Arts – architecture design, interior design, industrial arts design, landscape architecture and fashion design. 6.3. Nominations for the Order of National Artists may be submitted by government and non-government cultural organizations and educational institutions, as well as private foundations and councils. 6.4. Members of the Special Research Group, as well as agencies attached to the NCCA and CCP shall not submit nominations. 6.5. NCCA and CCP Board members and consultants and NCCA and CCP officers and staff are automatically disqualified from being nominated. 6.6. Nominations shall be accepted only when these are submitted in writing and with proper supporting documentation, as follows: 6.6.1. A cover letter signed by the head or designated representative of the nominating organization. The cover letter shall be accompanied by a Board Resolution approving the nominee concerned with the said resolution signed by the organization President and duly certified by the Board Secretary. 6.6.2. A duly accomplished nomination form; 6.6.3. A detailed curriculum vitae of the nominee; 6.6.4. A list of the nominee’s significant works categorized according to the criteria; 6.6.5. The latest photograph (color or black and white) of the nominee, either 5[”] x 7” or 8[”] x 11”; 6.6.6. Pertinent information materials on the nominee’s significant works (on CDs, VCDs and DVDs); 6.6.7. Copies of published reviews; 6.6.8. Any other document that may be required. 6.7. Nominations received beyond the announced deadline for the submission of nominations shall not be considered. 6.8. The National Artist Award Secretariat shall announce the opening of nominations through media releases. 6.9. All inquiries and nominations shall be submitted toThe NATIONAL ARTIST AWARD SECRETARIAT
Office of the Artistic Director
Cultural Center of the Philippines
Roxas Boulevard, 1300 Pasay Cityor
The NATIONAL ARTIST AWARD SECRETARIAT
Office of the Deputy Executive Director
National Commission for Culture and the Arts
633 General Luna Street, Intramuros, Manila 7. SCREENING AND SELECTION PROCESS 7.1. The National Artist Award Secretariat shall pre-screen the nominees based on technical guideline items 5.1, 6.2, 6.3, 6.4, 6.5 and 6.6. The pre-screening shall not be based on the accomplishments and merits of the nominee. 7.2. The Special Research Group shall accomplish its task within six (6) months. The main objective is to verify the validity of the data, and evaluate the quality, true value and significance of works according to the criteria. It shall come up with the updated and comprehensive profiles of nominees reflecting their most outstanding achievements. 7.3. The National Artist Award Secretariat will meet to review the list of nominees for oversights. Consequently, deserving nominees shall be added to the list. 7.4. The first deliberation panel (Council of Experts) shall be intra-disciplinary. The panelists shall be grouped according to their respective fields of expertise or disciplines to shortlist the nominees in their disciplines or categories for presentation to the second deliberation panel. 7.5. The second deliberation panel shall be composed of a different set of experts from the first deliberation panel [three (3) experts each of the seven (7) areas/discipline] and may include members from varying backgrounds such as critics and academicians. The achievements of each shortlisted nominee shall be presented by one designated member of Council of Experts. Then panel deliberates and ranks the shortlisted nominees according to the order of precedence following the set criteria of the Order of National Artists. In extreme cases, the Second Deliberation may add new names to the lists. 7.6. The second deliberation panel may recommend not to give award in any category if no nominee is found deserving. The number of awardees shall also depend on the availability of funds. All decisions and recommendations shall be in writing. 7.7. The recommendations from the Second Deliberation Panel of the National Artist Award Council of Experts shall then be presented to the joint boards of NCCA and CCP for final selection. The presentors shall prepare their presentation in writing together with an audio-visual presentation or powerpoint presentation. Written interpellations/opinions will be accepted from selected critics. The review shall be based on the ranking done by the Second Deliberation. The voting shall be across disciplines. The National Artists will be given the option whether to vote on all categories or on his/her particular discipline. 7.8. Proxy votes will not be allowed in the Selection Process. Designation of permanent representatives of agencies should be made at the outset to make them regular Board members of NCCA and thus, may be allowed to cast votes. 7.9. The list of awardees shall be submitted to the President of the Republic of the Philippines for confirmation, proclamation and conferral. 8. PRESENTATION OF THE AWARDS 8.1. The Order of National Artists shall not be conferred more frequently than every three (3) years. 8.2. The Order of National Artists shall be conferred by the President of the Philippines on June 11 or any appropriate date in fitting ceremonies to be organized by the National Artist Secretariat. 8.3. The medallion of the Order of National Artists and citation shall be given to the honoree during the conferment ceremony. The cash award of P100,000.00 in cheque shall be given immediately after the ceremony or at another time and place as requested by the honoree. 8.4. A posthumous conferral consisting of the medallion and citation shall be given to the family or legal heir/s of the honoree. The cash award of P75,000.00 in cheque shall be given to the honoree’s legal heir/s or a representative designated by the family immediately after the ceremony or at another time and place as requested by the family. (Emphases supplied.)
2.4: Awards Committees
There shall be two types of awards committees: the Committee on Honors and the various awards committees in the various units of the government service.
A. The Committee on Honors
The Committee on Honors serves as a National Awards Committee. It is composed of the following:cralavvonlinelawlibraryThe Executive Secretary, ChairmanAll nominations from the various awards committees must be submitted to the Committee on Honors via the Chancellery of Philippine Orders and State Decorations. The Chancellery shall process nominations for the consideration of the Committee on Honors. The Committee on Honors shall screen and recommend these nominations to the President.
The Secretary of Foreign Affairs, Vice-Chairman
Head, Presidential Management Staff, member
Presidential Assistant for Historical Affairs, member
Chief of Presidential Protocol, member
Chief of Protocol, DFA, member
The Committee on Honors shall, as a general rule, serve as a screening committee to ensure that nominations received from the various awards committees meet two tests: that there has not been an abuse of discretion in making the nomination, and that the nominee is in good standing. Should a nomination meet these criteria, a recommendation to the President for conferment shall be made.
The President of the Philippines takes the recommendations of the Committee on Honors in the highest consideration when making the final decision on the conferment of awards. (Emphasis supplied.)
Name Art Field/Category Number of Votes Manuel Conde (+) Film and Broadcast Arts (Film) 26 Ramon Santos Music 19 Lazaro Francisco (+) Literature 15 Federico Aguilar-Alcuaz Visual Arts 15
May 6, 2009
Her Excellency GLORIA MACAPAGAL-ARROYO
President of the Philippines
Malacañan Palace, ManilaSubject: 2009 Order of National Artist Awardees
Dear President Arroyo:cralavvonlinelawlibrary
We are respectfully submitting a recommendation of the NCCA Board of Trustees and CCP Board of Trustees for the Proclamation of the following as 2009 Order of National Artists:cralavvonlinelawlibraryThe above persons were identified by experts in the various fields of arts and culture, including living National Artists. An intensive selection process was observed following established practice. In the past, awards were presented by the President at a Ceremony held at the Malacañan Palace followed by a program called “Parangal” at the Cultural Center of the Philippines. We also propose to continue with past practice of celebrating the life and works of the four (4) Order of National Artists through an exhibit that will open and a commemorative publication that will be released on the day of the proclamation.
- Mr. MANUEL CONDE+ (Posthumous) – Film and Broadcast Arts
- Dr. RAMON SANTOS – Music
- Mr. LAZARO FRANCISCO+ (Posthumous) – Literature
- Mr. FEDERICO AGUILAR-ALCUAZ – Visual Arts
We respectfully suggest, subject to Her Excellency’s availability, that the Proclamation be on June 11, 2009, if possible at the Malacañan Palace.
Thank you for your kind attention.Very respectfully yours,(Sgd.)
VILMA L. LABRADOR
Chairman
National Commission for Culture and the Arts
(Sgd.)
NESTOR O. JARDIN
President and Artistic Director
Sec. 11. Membership Restrictions. – During his/her term as member of the Commission, a Commissioner shall not be eligible for any grant, or such other financial aid from the Commission as an individual: Provided, however, That he/she may compete for grants and awards on the same level as other artists one (1) year after his/her term shall have expired.
The “power to recommend” includes the power to give “advice, exhortation or indorsement, which is essentially persuasive in character, not binding upon the party to whom it is made.” (Emphasis supplied.)
Sec. 17. The President shall have control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed. (Emphasis supplied.)
Proclamation No. 1001 dated April 27, 1972, creating the Award and Decoration of National Artist, is hereby amended by creating a National Artists Awards Committee, hereinafter to administer the conferment of the category of National Artist upon those deserving thereof. The Committee, which shall be composed of members of the Board of Trustees of the Cultural Center of the Philippines, shall organize itself immediately and shall draft the rules to guide its deliberations in the choice of National Artists, to the end that those who have created a body of work in the arts and in letters capable of withstanding the test of time will be so recognized. (Emphases supplied.)
Sec. 18. The National Cultural Agencies. – The [NCCA] shall coordinate with the national cultural agencies including but not limited to the Cultural Center of the Philippines, the Institute of Philippine Languages, the National Historical Institute, the National Library, the National Museum, the Records Management and Archives Office. However, they shall continue operating under their respective charters or as provided by law where provisions therein are not inconsistent with the provisions of this Act. They shall serve as the national repository and/or showcase, as the case may be, of the best of Philippine culture and arts. For this purpose, these agencies shall submit periodic reports, including recommendations to the [NCCA]. (Emphasis supplied.)
Sec. 12. Mandate. – The Commission is hereby mandated to formulate and implement policies and plans in accordance with the principles stated in Title 1 of this Act.(a) To encourage the continuing and balanced development of a pluralistic culture by the people themselves, it shall:cralavvonlinelawlibraryx x x x
(4) extend recognition of artistic achievement through awards, grants and services to artists and cultural groups which contribute significantly to the Filipino’s cultural legacy;chanroblesvirtualawlibrary
x x x x
Sec. 13. Powers and Functions. – To carry out its mandate, the Commission shall exercise the following powers and functions:cralavvonlinelawlibraryx x x x
(j) advise the President on matters pertaining to culture and the arts, including the creation of a special decoration or award, for persons who have significantly contributed to the development and promotion of Philippine culture and arts;chanroblesvirtualawlibrary
(k) promulgate rules, regulations and undertake any and all measures as may be necessary to implement this Act[.] (Emphases supplied.)
By virtue of their respective statutory mandates in connection with the conferment of the National Artist Award, the NCCA and the CCP decided to work together and jointly administer the National Artist Award. They reviewed the guidelines for the nomination, selection and administration of the National Artist Award, created a National Artist Award Secretariat, centralized all financial resources and management for the administration of the National Artist Award, and added another layer to the selection process so that more members of the arts and culture sector of the Philippines may be involved and participate in the selection of National Artists.
We have held that an administrative regulation adopted pursuant to law has the force and effect of law.82 Thus, the rules, guidelines and policies regarding the Order of National Artists jointly issued by the CCP Board of Trustees and the NCCA pursuant to their respective statutory mandates have the force and effect of law. Until set aside, they are binding upon executive and administrative agencies,83 including the President himself/herself as chief executor of laws. In this connection, Section 2.5(A) of the Implementing Rules and Regulations84 of Executive Order No. 236, s. 2003 provides:cralavvonlinelawlibrary2.5: General Guidelines for Awards Committees
A. National Orders of Cultural and Scientific Merit
The existing modalities of the NCCA for selecting recipients for the Order of National Artists, and the Gawad sa Manlilikha ng Bayan, and of the NAST for selecting recipients of the Order of National Scientists, shall remain in force. (Emphases supplied.)
Section 2.4(A) of the same implementing rules further states:cralavvonlinelawlibrary
2.4: Awards Committees
There shall be two types of awards committees: the Committee on Honors and the various awards committees in the various units of the government service.
A. The Committee on Honors
The Committee on Honors serves as a National Awards Committee. It is composed of the following:cralavvonlinelawlibraryThe Executive Secretary, ChairmanAll nominations from the various awards committees must be submitted to the Committee on Honors via the Chancellery of Philippine Orders and State Decorations. The Chancellery shall process nominations for the consideration of the Committee on Honors. The Committee on Honors shall screen and recommend these nominations to the President.
The Secretary of Foreign Affairs, Vice-Chairman
Head, Presidential Management Staff, member
Presidential Assistant for Historical Affairs, member
Chief of Presidential Protocol, member
Chief of Protocol, DFA, member
The Committee on Honors shall, as a general rule, serve as a screening committee to ensure that nominations received from the various awards committees meet two tests: that there has not been an abuse of discretion in making the nomination, and that the nominee is in good standing. Should a nomination meet these criteria, a recommendation to the President for conferment shall be made.
The President of the Philippines takes the recommendations of the Committee on Honors in the highest consideration when making the final decision on the conferment of awards. (Emphasis supplied.)
Pursuant to the above provision of the implementing rules of Executive Order No. 236, s. 2003, the authority of the Committee on Honors is limited to determining whether the nominations submitted by a particular awards committee, in this case, the joint NCCA and CCP Boards, have been tainted by abuse of discretion, and whether the nominees are in good standing. Should the nominations meet these two criteria, the Committee on Honors shall make a recommendation to the President for conferment of the Order of National Artists.
In view of the various stages of deliberation in the selection process and as a consequence of his/her duty to faithfully enforce the relevant laws, the discretion of the President in the matter of the Order of National Artists is confined to the names submitted to him/her by the NCCA and the CCP Boards. This means that the President could not have considered conferment of the Order of National Artists on any person not considered and recommended by the NCCA and the CCP Boards. That is the proper import of the provision of Executive Order No. 435, s. 2005, that the NCCA and the CCP “shall advise the President on the conferment of the Order of National Artists.” Applying this to the instant case, the former President could not have properly considered respondents Guidote-Alvarez, Caparas, Mañosa and Moreno, as their names were not recommended by the NCCA and the CCP Boards. Otherwise, not only will the stringent selection and meticulous screening process be rendered futile, the respective mandates of the NCCA and the CCP Board of Trustees under relevant laws to administer the conferment of Order of National Artists, draft the rules and regulations to guide its deliberations, formulate and implement policies and plans, and undertake any and all necessary measures in that regard will also become meaningless.
Furthermore, with respect to respondent Guidote-Alvarez who was the Executive Director of the NCCA at that time, the Guidelines expressly provides:cralavvonlinelawlibrary6.5 NCCA and CCP Board members and consultants and NCCA and CCP officers and staff are automatically disqualified from being nominated.85
Respondent Guidote-Alvarez could not have even been nominated, hence, she was not qualified to be considered and conferred the Order of National Artists at that time. The President’s discretion on the matter does not extend to removing a legal impediment or overriding a legal restriction.
From the foregoing, the advice or recommendation of the NCCA and the CCP Boards as to the conferment of the Order of National Artists on Conde, Dr. Santos, Francisco and Alcuaz was not binding on the former President but only discretionary or optional for her whether or not to act on such advice or recommendation. Also, by virtue of the power of control, the President had the authority to alter or modify or nullify or set aside such recommendation or advice. It was well within the President’s power and discretion to proclaim all, or some or even none of the recommendees of the CCP and the NCCA Boards, without having to justify his or her action. Thus, the exclusion of Santos did not constitute grave abuse of discretion on the part of the former President.
The conferment of the Order of National Artists on respondents Guidote-Alvarez, Caparas, Mañosa and Moreno was an entirely different matter.
There is grave abuse of discretion when an act is (1) done contrary to the Constitution, the law or jurisprudence or (2) executed whimsically, capriciously or arbitrarily, out of malice, ill will or personal bias.86
There was a violation of the equal protection clause of the Constitution87 when the former President gave preferential treatment to respondents Guidote-Alvarez, Caparas, Mañosa and Moreno. The former President’s constitutional duty to faithfully execute the laws and observe the rules, guidelines and policies of the NCCA and the CCP as to the selection of the nominees for conferment of the Order of National Artists proscribed her from having a free and uninhibited hand in the conferment of the said award. The manifest disregard of the rules, guidelines and processes of the NCCA and the CCP was an arbitrary act that unduly favored respondents Guidote-Alvarez, Caparas, Mañosa and Moreno. The conferment of the Order of National Artists on said respondents was therefore made with grave abuse of discretion and should be set aside.
While the Court invalidates today the proclamation of respondents Guidote-Alvarez, Caparas, Mañosa and Moreno as National Artists, such action should not be taken as a pronouncement on whether they are worthy to be conferred that honor. Only the President, upon the advise of the NCCA and the CCP Boards, may determine that. The Court simply declares that, as the former President committed grave abuse of discretion in issuing Proclamation Nos. 1826 to 1829 dated July 6, 2009, the said proclamations are invalid. However, nothing in this Decision should be read as a disqualification on the part of respondents Guidote-Alvarez, Caparas, Mañosa and Moreno to be considered for the honor of National Artist in the future, subject to compliance with the laws, rules and regulations governing said award.
WHEREFORE, the petition is hereby GRANTED in PART. Proclamation Nos. 1826 to 1829 dated July 6, 2009 proclaiming respondents 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.
SO ORDERED.
Sereno, C.J., Carpio, Velasco, Jr., Peralta, Bersamin, Abad, Villarama, Jr., Perez, Mendoza, Reyes, and Perlas-Bernabe, JJ., concur.
Brion, J., on leave.
Del Castillo, and Leonen, J., no part.Endnotes:
1 Also referred to as “Carlos Caparas” and “Carlo Caparas” in some parts of the records.cralawlibrary
2 Arts and Creative Industries: A Historical Overview and an Australian Conversation, p. 51, Australia Council for the Arts.cralawlibrary
3 Republic Act No. 7356, Section 3 or the Law Creating the National Commission for Culture and the Arts.cralawlibrary
4 Entitled Declaring Fernando Amorsolo a National Artist.cralawlibrary
5 Entitled Declaring Francisca Reyes Aquino, Carlos V. Francisco, Amado V. Hernandez, Antonio J. Molina, Juan F. Nakpil, Guillermo E. Tolentino and Jose Garcia Villa National Artists; and Amending Proclamation No. 1001 dated April 27, 1972, by Creating a National Artists Awards Committee, Hereinafter to Administer the Conferment of the Award/Decoration of National Artist.cralawlibrary
6 Entitled Granting Certain Privileges and Honors to National Artists and Creating a Special Fund for the Purpose.cralawlibrary
7 Republic Act No. 7356, Section 12(4).cralawlibrary
8 Id., Section 13(j).cralawlibrary
9Rollo, p. 82. This effort on coordination is consistent with the powers of the NCCA to “set up a system of networking and coordination with and among all existing government cultural agencies for the effective implementation of programs and activities” under Section 13(c) of Republic Act No. 7356. Section 18 in connection with Section 23(b) of the same law further provides that the NCCA “shall coordinate with the national cultural agencies including but not limited to the Cultural Center of the Philippines” with the NCCA as “over all policy-making and coordinating body.”
10 Id. at 138-144.cralawlibrary
11 Executive Order No. 236, s. 2003, Sections 3 and 5.cralawlibrary
12 Id., Section 5.cralawlibrary
13 Id., Section 9.cralawlibrary
14 Id.cralawlibrary
15 Approved under Memorandum Order No. 128 dated December 23, 2003.cralawlibrary
16Rollo, p. 17.cralawlibrary
17 Id. at 18.cralawlibrary
18 Id. at 39-40. These nominees were as follows:cralavvonlinelawlibrary
Art Field Name Number Dance1. Belmonte, Paz Cielo
2. Elejar, Eddie
3. Fabella, Antonio
4. Iñigo, Corazon
5. Locsin, Carmen
6. Pil, Teresita Veloso
7. Radaic, Felicitas
8. Reyes, Alice 8 Music 1. Asensio, Fides Cuyugan
2. Buenaventura, Alfredo
3. Canseco, George+
4. Cayabyab, Ryan
5. Cenizal, Josefino
6. Cruz, Emiliano
7. De Guzman, Constancio+
8. Hontiveros, S.J., Fr. Eduardo+
9. Lozada, Carmencita+
10. Kabayao, Gilopez
11. Mijares, Emil+
12. Pajaro, Eliseo+
13. Romero, Redentor+
14. Santos, Ramon
15. Sunico, Raul
16. Zamora, Ricardo “Dick” 16 Theater 1. Amador, Zeneida+
2. Bonifacio, Amelia Lapeña
3. Carpio, Rustica4. Mabesa, Antonio
5. Rogers, Naty Crame
6. Santos, Isabel 6 Visual Arts 1. Alcala, Larry+
2. Alcuaz, Federico Aguilar
3. Bitanga, Rosario
4. Caparas, Carlo
5. Carlos, Romeo
6. Carmelo, Alfredo+
7. Castrillo, Eduardo
8. Coching, Francisco+
9. Fajardo, Brenda
10. Isidro, Raul
11. Lorenzo, Diosdado+
12. Marcelo, Nonoy+
13. Miranda, Jr., Nemesio
14. Olmedo, Luis “Onib”+
15. Orlina, Ramon
16. Pacheco, Rafael
17. Rodriguez, Sr., Manuel
18. Santos, Mauro Malang
19. Santos, Paz Singson Abad
20. Tabuena, Romeo
21. Velasquez, Tony+
22. Vitug, Honesto 22 Literature1. Abad, Gemino
2. Bautista, Cirilo
3. Bragado, Jose
4. Cristobal, Sr., Adrian+
5. Chua, Kee (Sy Yinchow)
6. Dimalanta, Ophelia Alcantara
7. Fernandez, Doreen+
8. Fernando, Gilda Cordero
9. Francisco, Lazaro+
10. Hidalgo, Juan, S.P.
11. Jalandoni, Magdalena+
12. Matute, Genoveva Edroza
13. Uranza, Azucena Grajo
14. Villanueva, Renato “Rene”+ 14 Film and Broadcast Arts1. Aunor, Nora (Film)
2. Castillo, Celso Ad (Film)
3. Conde, Manuel+ (Film)
4. De Leon, Mike (Film)5. Dolphy (Film)
6. Lazaro, Cecilia “Cheche” (Broadcast Arts)
7. Magpayo, Fidela “Dely” (Broadcast Arts)
8. Muñoz, Tita+ (Film)
9. Trinidad, Francisco+ (Broadcast Arts)
10. Vela, Helen+ (Broadcast Arts) 10 Architecture, Design and Allied Arts 1. Alonzo, Aureo (Fashion Design)
2. Arguelles, Carlos+ (Architecture)
3. Calma, Lor (Architecture)
4. Concio, Cesar (Architecture)
5. Farrales, Ben (Fashion Design)
6. Formoso, Gabriel (Architecture)
7. Higgins, Salvacion Lim+ (Fashion Design)
8. Mañosa, Francisco “Bobby” (Architecture)
9. Mendoza, Felipe+ (Architecture)
10. Moreno, Jose “Pitoy” (Fashion Design)
11. Salazar, Joe+ (Fashion Design) 11
19Id. at 41. Those included in the preliminary shortlist were as follows:cralavvonlinelawlibrary
Art Field Name (In Alphabetical Order) Dance 1. Belmonte, Paz Cielo
2. Iñigo, Corazon Music 1. Asensio, Fides Cuyugan
2. Buenaventura, Alfredo
3. Santos, Ramon
4. Sunico, Raul Theater 1. Bonifacio, Amelia Lapeña
2. Mabesa, Antonio
3. Rogers, Naty Crame Visual Arts 1. Alcala, Larry+
2. Alcuaz, Federico Aguilar
3. Castrillo, Eduardo
4. Coching, Francisco+
5. Lorenzo, Diosdado+
6. Rodriguez, Sr., Manuel Literature 1. Abad, Gemino
2. Bautista, Cirilo
3. Fernando, Gilda Cordero
4. Francisco, Lazaro+
5. Jalandoni, Magdalena+
6. Villanueva, Renato+ Film and Broadcast Arts 1. Castillo, Celso Ad (Film)
2. Conde, Manuel+ (Film)
3. Dolphy (Film)
4. Lazaro, Cecilia “Cheche” (Broadcast Arts)
5. Trinidad, Francisco+ (Broadcast Arts) Architecture, Design and Allied Arts 1. Arguelles, Carlos+ (Architecture)
2. Formoso, Gabriel (Architecture)
3. Higgins, Salvacion Lim+ (Fashion Design)
4. Mendoza, Felipe+ (Architecture)
5. Moreno, Jose “Pitoy” (Fashion Design)
6. Salazar, Joe+ (Fashion Design)
20 Id. at 42. Those included in the second shortlist were as follows:cralavvonlinelawlibrary
Art Field Name Dance Belmonte, Paz Cielo
Iñigo, Corazon Music Santos, Ramon Theater Bonifacio, Amelia Lapeña
Mabesa, Antonio Visual Arts Alcuaz, Federico Aguilar
Castrillo, Eduardo Literature Francisco, Lazaro+
Jalandoni, Magdalena+ Film and Broadcast Arts Conde, Manuel+ (Film)
Trinidad, Francisco+ (Broadcast Arts) Architecture, Design and Allied Arts Arguelles, Carlos+ (Architecture)
Salazar, Joe+ (Fashion Design)
21 Id. at 22.cralawlibrary
22 Id. at 43.cralawlibrary
23 Id. at 22.cralawlibrary
24 Id. at 44.cralawlibrary
25 Id. at 160-161.cralawlibrary
26 Id.cralawlibrary
27 Id. at 34-35.cralawlibrary
28 Id. at 49-50.cralawlibrary
29 Id. at 51-55.cralawlibrary
30 Other procedural issues (such as violation of the hierarchy of courts and lack of verification by some of the petitioners) have been raised by the public respondents and respondent Caparas. In view of the purely legal question, substantial merit and paramount public interest involved in this case, however, the said procedural infirmities have been brushed aside and strict technicalities relaxed. (Relevant to the relaxation of the rule on the hierachy of courts, see Archbishop Capalla v. Commission on Elections, G.R. No. 201112, June 13, 2012, 673 SCRA 1, 47-48; United Claimants Association of NEA (UNICAN) v. National Electrification Administration, G.R. No. 187107, January 31, 2012, 664 SCRA 483, 489-490; Chua v. Ang, G.R. No. 156164, September 4, 2009, 598 SCRA 229, 239; Garcia v. Miro, G.R. No. 167409, March 20, 2009, 582 SCRA 127, 133. In connection with the liberality on the verification requirement, see Altres v. Empleo, G.R. No. 180986, December 10, 2008, 573 SCRA 583; De Guzman, Jr. v. Ochoa, G.R. No. 169292, April 13, 2011, 648 SCRA 677, 682-683; Torres-Gomez v. Codilla, Jr., G.R. No. 195191, March 20, 2012, 668 SCRA 600, 611; and Pagadora v. Ilao, G.R. No. 165769, December 12, 2011, 662 SCRA 14, 25.)
31Rollo, p. 682.cralawlibrary
32 Id.cralawlibrary
33 Id. at 682-683.cralawlibrary
34 Id. at 671-677.cralawlibrary
35 Id. at 673.cralawlibrary
36 Id. at 678-680.cralawlibrary
37 Id. at 508-513.cralawlibrary
38 Id.cralawlibrary
39 Id. at 514-519.cralawlibrary
40 Id. at 409.cralawlibrary
41 Id. at 366-379, Entry of Appearance with Show Cause and Comment dated March 12, 2010; rollo, pp. 578-585, Memorandum dated September 20, 2011.cralawlibrary
42 Id. at 489-491 and 637B-637C, Resolutions dated July 12, 2011 and January 17, 2012.cralawlibrary
43 Id.cralawlibrary
44 Id. at 499-527.cralawlibrary
45 Id. at 535-576.cralawlibrary
46 Id. at 578-585.cralawlibrary
47 Id. at 586-590.cralawlibrary
48 Id. at 637B-637C.cralawlibrary
49 Id. at 659-686.cralawlibrary
50 Id. at 146-198 and 304-312, Comment and Supplemental Comment of public respondents filed by the OSG.cralawlibrary
51 Id. at 697-746.cralawlibrary
52 Id.cralawlibrary
53 Id.cralawlibrary
54 Id.cralawlibrary
55 Id.cralawlibrary
56 Chemerinsky, Erwin, Constitutional Law: Principles and Policies (3rd Edition), p. 60.cralawlibrary
57Francisco, Jr. v. House of Representatives, 460 Phil. 830, 893 (2003).cralawlibrary
58Southern Hemisphere Engagement Network, Inc. v. Anti-Terrorism Council, G.R. No. 178552, October 5, 2010, 632 SCRA 146, 167, citing Anak Mindanao Party-List Group v. Executive Secretary Ermita, 558 Phil. 338, 351 (2007).cralawlibrary
59 SECTION 2. Definition of Terms. - The following terms, as used in this Executive Order, shall be defined as follows:cralavvonlinelawlibrary
a. Order. An Order is an award that grants membership in an exclusive association of honored individuals, and which by tradition carries with it distinctive insignia to be worn by recipients. (Emphasis supplied.)
60 The rational basis scrutiny is one of three tests used by the Court to test compliance with the equal protection clause. It is the minimal level of scrutiny which requires that the challenged classification is rationally related to serving a legitimate State interest. It is used when the government action is a type of discrimination that does not warrant the intermediate and strict levels of scrutiny. The intermediate or middle-tier test requires the government to show that (1) the challenged classification serves an important State interest, and (2) the classification is at least substantially related to serving that interest. It is applied to suspect classifications like gender or illegitimacy. The most demanding is the strict scrutiny test which requires the government to show that (1) the challenged classification serves a compelling State interest, and (2) the classification is necessary to serve that interest. It is used in classifications based on race, national origin, religion alienage, denial of the right to vote, access to courts and other rights recognized as fundamental. (Bernas, Joaquin S.J., The 1987 Constitution of the Republic of the Philippines: A Commentary [2009 edition], pp. 139-140).cralawlibrary
61 This is not to say that petitioner Abad is unworthy of the honor. It only means that the Court is in no position to make that determination.cralawlibrary
62Warth v. Seldin, 422 U.S. 490, 499 (1975); see also David v. Macapagal-Arroyo, 522 Phil. 705, 762 (2006).cralawlibrary
63Southern Hemisphere Engagement Network, Inc. v. Anti-Terrorism Council, supra note 58 at 174-175; Automotive Industry Workers Alliance v. Romulo, 489 Phil. 710, 719 (2005); Gonzales v. Narvasa, 392 Phil. 518, 525 (2000).cralawlibrary
64 Francisco, Jr. v. House of Representatives, supra note 57 at 897-898.cralawlibrary
65 A congressional inquiry was conducted in connection with the 2009 National Artists controversy. The general public, not only the arts and culture community, also weighed in on the issue especially in connection with the conferment of the Order of National Artists on the late Fernando Poe, Jr. and the clamor for the late Rodolfo “Dolphy” V. Quizon to be conferred the said Order.cralawlibrary
66 Guerrero v. Domingo, G.R. No. 156142, March 23, 2011, 646 SCRA 175, 179. See also Montes v. Court of Appeals, 523 Phil. 98, 110 (2006).cralawlibrary
67 See Caneland Sugar Corporation v. Alon, 559 Phil. 462, 466-467 (2007); Bernardez v. Commission on Elections, G.R. No. 190382, March 9, 2010, 614 SCRA 810, 820.cralawlibrary
68 Caneland Sugar Corporation v. Alon, id.cralawlibrary
69 Lerner, Ralph, The Supreme Court as Republican Schoolmaster, 1967 Sup. Ct. Rev. 127.cralawlibrary
70 Rostow, Eugene, The Democratic Character of Judicial Review, 66 Harv. L. Rev. 193 (1952).cralawlibrary
71Rufino v. Endriga, 528 Phil. 473, 489 (2006).cralawlibrary
72 Both petitioners and respondents admit in their pleadings that the Order of National Artists was confered by former Presidents Fidel V. Ramos and Joseph Ejercito Estrada on artists who had not been recommended by the NCCA and CCP Boards. (See p. 14 of Memorandum of petitioners, rollo, p. 672 and pp. 11-13 of Comment of public respondents, rollo, pp. 156-158.)
73 See Tan v. Commission on Elections, 226 Phil. 624, 638 (1986).cralawlibrary
74 Black’s Law Dictionary (6th edition), p. 1272, citing Kirby v. Nolte, 351 Mo. 525, 173 S.W.2d 391.cralawlibrary
75 Id. at 54.cralawlibrary
76 Id.cralawlibrary
77 501 Phil. 1, 10 (2005).cralawlibrary
78Panama Refining Co. v. Ryan, 293 U.S. 388 (1935), Cardozo, J., dissenting.cralawlibrary
79 Tribe, Lawrence, American Constitutional Law, Vol. I (2000 edition), p. 713.cralawlibrary
80 Justice Dante O. Tinga made a similar point in his dissenting opinion in Rufino v. Endriga, supra note 71 at 530.cralawlibrary
81 CIVIL CODE, Article 17.cralawlibrary
82Spouses Almeda v. Court of Appeals, 326 Phil. 309, 321 (1996).cralawlibrary
83 Agpalo, Ruben, ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS AND ELECTION LAW (2005 edition), p. 72.cralawlibrary
84 Approved under MEMORANDUM ORDER NO. 128 dated December 23, 2003.cralawlibrary
85Rollo, p. 142.cralawlibrary
86Doromal v. Biron, G.R. No. 181809, February 17, 2010, 613 SCRA 160, 172; St. Mary of the Woods School, Inc. v. Office of the Registry of Deeds of Makati City, G.R. No. 174290, January 20, 2009, 576 SCRA 713, 727; Information Technology Foundation of the Philippines v. Commission on Elections, 464 Phil. 173 (2004).cralawlibrary
87 Sec. 1, Art. III of the Constitution provides that “No person shall be deprived of life, liberty or property without due process of law, nor shall any person be deprived the equal protection of the laws.”