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    Rufino v. Endriga

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    Rica Rodriguez
    The Supreme Court ruled that the appointment of members to the Board of Trustees of the Cultural Center of the Philippines (CCP) by fellow members was unconstitutional. While appointing powers can be delegated, such delegation is limited to appointments of positions lower than the appointing authority. Here, the positions were equal. Additionally, the CCP cannot claim autonomy to exempt itself from the constitutional limitation that the President has ultimate appointing authority. The Court therefore invalidated the provision of PD 15 allowing appointments of CCP Board members by other Board members.

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    Rufino v. Endriga

    Uploaded by

    Rica Rodriguez
    37 views1 page
    The Supreme Court ruled that the appointment of members to the Board of Trustees of the Cultural Center of the Philippines (CCP) by fellow members was unconstitutional. While appointing powers can be delegated, such delegation is limited to appointments of positions lower than the appointing authority. Here, the positions were equal. Additionally, the CCP cannot claim autonomy to exempt itself from the constitutional limitation that the President has ultimate appointing authority. The Court therefore invalidated the provision of PD 15 allowing appointments of CCP Board members by other Board members.

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    16. Rufino v. Endriga

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    The Supreme Court ruled that the appointment of members to the Board of Trustees of the Cultural Center of the Philippines (CCP) by fellow members was unconstitutional. While appointing powers can be delegated, such delegation is limited to appointments of positions lower than the appointing authority. Here, the positions were equal. Additionally, the CCP cannot claim autonomy to exempt itself from the constitutional limitation that the President has ultimate appointing authority. The Court therefore invalidated the provision of PD 15 allowing appointments of CCP Board members by other Board members.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    37 views1 page

    Rufino v. Endriga

    Uploaded by

    Rica Rodriguez
    The Supreme Court ruled that the appointment of members to the Board of Trustees of the Cultural Center of the Philippines (CCP) by fellow members was unconstitutional. While appointing powers can be delegated, such delegation is limited to appointments of positions lower than the appointing authority. Here, the positions were equal. Additionally, the CCP cannot claim autonomy to exempt itself from the constitutional limitation that the President has ultimate appointing authority. The Court therefore invalidated the provision of PD 15 allowing appointments of CCP Board members by other Board members.

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    Concepts/ keywords: Appointment/ Cultural Center of the Philippines scope to include only ranks lower than the appointing

    pointing authority. In the


    case, an appointment of a member made by a fellow member
    Rufino v. Endriga transgresses Article 7, Section 16 (1) since both positions are equal in
    G.R. No. 113956, July 21, 2006 nature. CCP cannot invoke autonomy prescribed in its charter as an
    En Banc exemption from the limitation of delegative appointing power because
    such invocation puts CCP outside the control of the President.
    CASE MAIN POINT: Appointing authority may be given to other officials
    than the President provided the appointment is in a rank lower than
    the appointing official. (ARTICLE 7, SECTION 16: APPOINTING
    POWER CAN BE VESTED IN OTHEROFFICIALS)

    Facts
    - Two groups of appointed members of the Board of Trustees of
    CCP are contesting each other’s appointment. The Endriga
    group, sitting as current members, was appointed by then-
    President Ramos and is assailing the appointment of the Rufino
    group, replacing all 7 members of the Endriga group, by then-
    President Estrada.
    - Endriga group avers that the appointment into the Board of the
    Rufino group transgressed PD 15 – creation of Board of
    Trustees of CCP. As stated in PD 15, specifically Section 6,
    appointment into the Board shall only be made by a majority
    vote of the trustees; presidential appointments can only be
    made when the Board is entirely vacant to uphold the CCP’s
    charter of independence from pressure or politics.
    - Meanwhile, Rufino group stands by their appointment since
    the provision on appointments stated in Section 6, PD 15 is
    violative of Section 16, Article 7 of the Constitution. The Board
    cannot invoke the charter of autonomy to extend to
    appointment of its members.

    Issue
    Whether or not PD 15, Section 6 allowing appointments made by
    trustees of their fellow members is constitutional

    Ruling
    No, PD 15, Section 6 allowing appointments of members by the trustees
    themselves is UNCONSTITUTIONAL. While it is stated that appointing
    powers may be delegated by the President, such power is limited in

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