Posted by: Elmer Brabante | August 26, 2009

Supreme Court’s Response on National Artist Case

The Supreme Court (SC) enjoined the Executive Department from conferring the rank and title of Order of National Artists on Cecile Guidote-Alvarez, Carlo J. Caparas, Jose “Pitoy” Moreno and Francisco “Bobby” Mañosa, until Malacañang has submitted its answer to the petition withing ten (10) days.   This ruling does not decide whether or not those conferred by Malacañang are not deserving of the title. What the ruling says is to allow both sides to present their oral arguments on the matter. 

Petitioners correctly say that the President has no discretion motu propio or on its own to appoint one who has not been recommended by the CCp and the NCCA boards.  Otherwise, this process should not have been specifically provided in the enabling laws of the National Artists Awards.

The issue then would be: Whether or not the President is allowed to set aside the guidelines it made into law in naming the National Artists.

There appears in this case a probable abuse of discretion by the Chief Executive.  One cannot make a law and bend it capriciously.


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