NATIONAL ARTIST FOR LITERATURE VIRGILIO ALMARIO, NATIONAL ARTIST FOR LITERATURE BIENVENIDO LUMBERA, NATIONAL ARTIST FOR VISUAL ARTS (PAINTING) BENEDICTO CABRERA, NATIONAL ARTIST…

Almario versus Executive Secretary

The Case

This is a petition for prohibition, certiorari and injunction brought by several National Artists and concerned citizens against the Executive Secretary and other public officials, joined by four private respondents whose proclamation as National Artists they challenge. The petitioners ask the Supreme Court to declare that the power to select and recommend the conferment of the Order of National Artists belongs exclusively to the National Commission for Culture and the Arts and the Cultural Center of the Philippines, acting through their boards, and that the President may not add names beyond those recommended. The case matters because it fixes the boundary between the recommending bodies and the President in the conferment of the country's highest cultural honor, and it teaches how a petition for prohibition and certiorari may be used to test grave abuse of discretion in the exercise of a presidential power.

Procedural History

The petitioners went directly to the Supreme Court by an original petition for prohibition, certiorari and injunction, with a prayer for a restraining order. There were no prior proceedings in a trial court or in the Court of Appeals. On August 25, 2009, the Court issued a status quo order enjoining the public respondents from conferring the rank and title of National Artist on the private respondents, from releasing the cash awards that accompany the conferment, and from holding the acknowledgment ceremonies recognizing the private respondents as National Artists. The Court then heard and decided the petition on its merits.

Facts

The Order of National Artists traces its origin to a proclamation issued in 1972 by then President Ferdinand Marcos, which created the award and named Fernando Amorsolo as the first National Artist. A later proclamation in 1973 created a National Artists Awards Committee to administer the conferment. In 1992, Republic Act No. 7356 established the National Commission for Culture and the Arts and gave it the mandate to extend recognition of artistic achievement and to advise the President on matters pertaining to culture and the arts, including the creation of a special decoration or award. Because both the Cultural Center of the Philippines and the Commission were mandated to promote Philippine culture and authorized to give awards, the two bodies jointly administered the award and, in September 2007, adopted revised guidelines for nomination, selection and administration.

For the 2009 awards, nominations were opened in 2007 and the pre-screening ran from January to March 2008. The First Deliberation Panel met on April 3, 2009 and compiled a preliminary shortlist of 32 names out of 87 nominees. The Second Deliberation Panel met on April 23, 2009 and shortlisted 13 names. On May 6, 2009, the Final Deliberation Panel, composed of the boards of both agencies and the living National Artists, agreed on a final list of four names: Manuel Conde for film, Ramon Santos for music, Lazaro Francisco for literature, and Federico Aguilar-Alcuaz for visual arts. On the same day, the chairperson of the Commission and the president of the Center sent a joint letter to the President recommending the proclamation of these four as National Artists.

According to the respondents, the Office of the President referred the letter to the Committee on Honors, and that Committee also received nominations from various sectors endorsing Cecile Guidote-Alvarez, Carlo Magno Jose Caparas, Francisco Mañosa and Jose Moreno. The Committee on Honors processed these nominations and submitted a memorandum recommending the four recommendees of the two boards as well as the four private respondents. Acting on that recommendation, the President issued proclamations in June and July 2009 declaring all eight as National Artists, and the list was announced to the public on July 29, 2009. The petitioners, convinced that the selection belonged exclusively to the two boards, brought this petition.

Issues

• Whether or not the power to select and recommend the conferment of the Order of National Artists belongs exclusively to the National Commission for Culture and the Arts and the Cultural Center of the Philippines, acting through their boards.
• Whether or not the President may confer the Order of National Artists on persons who were not recommended by the two boards.
• Whether or not the petitioners are entitled to the writs of prohibition, certiorari and injunction against the conferment on the private respondents.

Applicable Provisions

Section 8 of Republic Act No. 7356, the law creating the National Commission for Culture and the Arts, provides:

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.

This provision establishes the Commission and its mandate over culture and the arts, which the Court uses to locate the recommending power in the selection of National Artists.

Ruling

On the first issue, the Court held that the selection of National Artists is lodged in the National Commission for Culture and the Arts and the Cultural Center of the Philippines, acting through their respective boards, which jointly deliberate and recommend the awardees to the President. The Court traced this authority from the 1972 and 1973 proclamations, through Republic Act No. 7356, to the 2007 revised guidelines, which provide that the recommendations of the second deliberation panel are presented to the joint boards for final selection and that the list of awardees is then submitted to the President for confirmation, proclamation and conferment. The Court read the law and the guidelines together to show that the boards perform the selection, while the President confirms and proclaims.

On the second issue, the Court held that the President cannot confer the Order of National Artists on persons who were not recommended by the two boards. The President's role is to act on the list submitted, not to substitute her own choices. The Court emphasized that the law recognizes the vital role of the two agencies in identifying Filipinos who have made distinct contributions to arts and letters, and that the honor is conferred upon their recommendation.

On the third issue, the Court held that the petitioners were entitled to relief. The conferment of the award on the private respondents, who were not among those recommended by the boards, was done in grave abuse of discretion, and the writs prayed for were granted to the extent of annulling the proclamations as to those private respondents. The Court directed that the award be conferred in accordance with the recommendation of the two boards.

Doctrine

The power to select and recommend the conferment of the Order of National Artists is vested in the National Commission for Culture and the Arts and the Cultural Center of the Philippines, acting through their boards, and the President may not confer the honor on persons outside the list they recommend. The President's participation is limited to confirmation, proclamation and conferment upon recommendation. The recommending power is not a mere formality; it is a substantive function that the law entrusts to the two agencies, and any conferment made in disregard of that function is tainted with grave abuse of discretion correctable by certiorari and prohibition. A Bar answer should tie this rule to Section 8 of Republic Act No. 7356 and to the 2007 revised guidelines, which together define the selection process and the President's role.

Disposition

The Court granted the petition, annulled the proclamations conferring the Order of National Artists on the private respondents, and directed that the award be conferred in accordance with the recommendation of the National Commission for Culture and the Arts and the Cultural Center of the Philippines.

Remember This

The single line to memorize is that the selection of National Artists belongs to the two boards, and the President may only confirm and proclaim those they recommend. Examiners like to use this case to test the extent of presidential power over honors and the availability of certiorari and prohibition against grave abuse of discretion in the conferment of the Order of National Artists.