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    Rufino v. Endriga

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    Madelinia
    Section 6(b) of Presidential Decree 15, which authorized remaining trustees of the Cultural Center of the Philippines (CCP) Board to fill vacancies, was ruled unconstitutional. The Supreme Court found that this provision violated the President's power of control over the executive branch under Section 17 of the 1987 Constitution. While PD 15 intended for the CCP to be independent from political influence, the CCP performs executive functions and is part of the executive branch. No law can restrict the President's authority over an executive agency like the CCP. The ruling reaffirmed the President's power to not just influence but control all offices within the executive branch.

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    Rufino v. Endriga

    Uploaded by

    Madelinia
    159 views1 page
    Section 6(b) of Presidential Decree 15, which authorized remaining trustees of the Cultural Center of the Philippines (CCP) Board to fill vacancies, was ruled unconstitutional. The Supreme Court found that this provision violated the President's power of control over the executive branch under Section 17 of the 1987 Constitution. While PD 15 intended for the CCP to be independent from political influence, the CCP performs executive functions and is part of the executive branch. No law can restrict the President's authority over an executive agency like the CCP. The ruling reaffirmed the President's power to not just influence but control all offices within the executive branch.

    Original Description:

    Constitutional Law Article VII Power to Appoint

    Original Title

    387. Rufino v. Endriga

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    Section 6(b) of Presidential Decree 15, which authorized remaining trustees of the Cultural Center of the Philippines (CCP) Board to fill vacancies, was ruled unconstitutional. The Supreme Court found that this provision violated the President's power of control over the executive branch under Section 17 of the 1987 Constitution. While PD 15 intended for the CCP to be independent from political influence, the CCP performs executive functions and is part of the executive branch. No law can restrict the President's authority over an executive agency like the CCP. The ruling reaffirmed the President's power to not just influence but control all offices within the executive branch.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    159 views1 page

    Rufino v. Endriga

    Uploaded by

    Madelinia
    Section 6(b) of Presidential Decree 15, which authorized remaining trustees of the Cultural Center of the Philippines (CCP) Board to fill vacancies, was ruled unconstitutional. The Supreme Court found that this provision violated the President's power of control over the executive branch under Section 17 of the 1987 Constitution. While PD 15 intended for the CCP to be independent from political influence, the CCP performs executive functions and is part of the executive branch. No law can restrict the President's authority over an executive agency like the CCP. The ruling reaffirmed the President's power to not just influence but control all offices within the executive branch.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    TOPIC: Scope of the Power of the Commission on Appointments

    387. RUFINO v. ENDRIGA 496 SCRA 13 (2006)


    FACTS:
    In 1966, President Marcos issued Executive Order No. 30 (EO 30) creating the
    Cultural Center of the Philippines (CCP). However, after the declaration of Martial
    Law, President Marcos issued PD 15 which converted the CCP under EO 30 into a
    non-municipal public corporation free from the pressure or influence of politics. Also,
    PD 15 increased the members of CCPs Board from 7 to 9 trustees. Later, Executive
    Order No. 1058, increased further the trustees to 11.
    After the People Power Revolution in 1986, then President Aquino asked for the
    courtesy resignations of the then incumbent CCP trustees and appointed new trustees
    to the Board. Eventually, during the term of President Ramos, the CCP Board included
    Endriga group. In the long run, President Estrada appointed the Rufino group as the
    new trustees to the CCP Board for a term of four years replacing the Endriga group.
    The Endriga group questioned President Estradas appointment on the grounds
    of what is stated under Section 6(b) of PD 15. Meanwhile, the Rufino group empowered
    their rights thru Section 16, Article VII of the 1987 Constitution. The battle for CCPs
    leadership between the Rufino and Endriga groups is a dispute between Section 6(b) of
    PD 15 and Section 16, Article VII of the 1987 Constitution.
    ISSUE:
    Whether or not Sec. 6 (b) of PD 15 is unconstitutional.
    RULING:
    Yes. The SC ruled that Sec. 6 (b) and (c) of PD 15 authorizing the remaining
    trustees to fill by election vacancies in the Board of Trustees of CCP is
    unconstitutional. Section 6(b) and (c) of PD 15 runs afoul with the Presidents power
    of control under Section 17, Article VII of the 1987 Constitution.
    There is no dispute that the CCP performs executive, and not legislative,
    judicial, or quasi-judicial functions and is therefore a part of the Executive branch. No
    law can cut off the Presidents control over the CCP in the guise of insulating the CCP
    from the Presidents influence. By stating that the President shall have control of all the
    executive x x x offices, the 1987 Constitution empowers the President not only to
    influence but even to control all offices in the Executive branch, including the CCP.

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