Rufino vs.
Endriga GR No 139554, July 21 2006 Endriga group files Petition for Quo Warranto
FACTS:
Two consolidated petitions for review on certiorari
under rule 45 of the 1997 rules of civil procedure.
Petitioner seeks to set aside the Decision of the
Court of App eals and the Resolution denying the
motion for the reconsideration and declaring
petitioners, ENDRIGA group to have a clear right
to their respective offices elected by the CCP
board up to expiration of 4-year term; ousting
respondents, Rufino group, except respondent
Tantoco, from their respective offices and
excluding them therefrom; and dismissing case
against Tantoco.
Second case, GR No. 139565, the Endriga group,
seeks to assail the Resolution issued by the Court
of Appeals in the same case insofar as it denied
their Motion for Immediate Execution of the
Decision.
Former Pres. Estrada appointed 7 new trustees to
the CCP board with a term of 4 years to replace
the Endriga group, except for Tantoco. Thus,
Rufino group took respective oaths of office and
assumed performance of their duties in 1999.
questioning Pres. Estrada’s appointment of 7 new
members of CCP board. Endriga alleged that
under Sec. 6 (b) of PD 15 – “vacancies of the CCP
Board shall be filled by election by majority vote
of trustees held at next regular meeting” – only
when the board is entirely vacant may the
President of the Phil. fill such vacancies, acting in
consultation with ranking officers of CCP. In the
case at bar, only one seat was vacant due to Ma
Osa’s expiration term.
ISSUE: 
 
Whether or not Sec. 6 (b) of PD 15 is
constitutional and CCP trustees have the authority to
appoint and elect their fellow trustees when there is
vacancy.
RULING:
Petition granted. Sec. 6 (b) and (c) of PD 15
unconstitutional insofar as it authorizes
remaining trustees to fill by election
vacancies of the Board. CCP is under the
Executive branch, as stated in Revised
Admin Code of 1987 – “any agency, not
placed or ordered, creating them under a
specific department falls under Office of
Pres.
Section 16 of Article 7 of Constitution is the
source of the president's power to appoint.
However, Congress may, by law, vest upon the
President the appointment of other officers lower
in rank (as contended in Rufino’s MOC) President
appoints 5 groups of officers:
1. Heads of Executive department (with
consent from Commission of Appointments)
2. Those whom the President may be
authorized by law to appoint (and 3. without
consent of Comm of App)
3. Officers of the Government (if the law
is silent or head appointing declared
unconsti)
4. Lower-ranked officers whose
appointments Congress may, by the law,
vest in the heads of departments, agencies,
commissions or boards.
5. Appointment of Heads of
Departments, Agencies, Commissions, and
Boards:
Appointing powers belong to President, with:
Congress - sharing such authority as to appointing
inferior or “lower in rank than those vested by
law”. Batasang Pambansa can also appoint
inferior officers. Power to appoint heads is a
matter of legislative grace. The President's power
is self-executing vested by Consti thus not subject
to legislative limitations or conditions. Other such
powers are the Supreme Court en banc and
Consti Commission.
President’s Power to Control applies to acts
or decisions of all officers in the Executive
Branch. Power to control is the power to
revise or reverse acts or decisions of a
subordinate officer involving exercise of
discretion. Supervision and Control includes
authority to act directly whenever a specific
function is entrusted by law or regulation of
a subordinate. The Executive branch is unitary
thus only the President had executive power
exercising control over the entire Executive
Branch.
DOCTRINE:
President’s Power to Control applies to acts or
decisions of all officers in the Executive Branch.
Power to control is the power to revise or reverse
acts or decisions of a subordinate officer involving
exercise of discretion. Supervision and Control
includes authority to act directly whenever a
specific function is entrusted by law or regulation
of a subordinate. The Executive branch is unitary
thus only the President had executive power
exercising control over the entire Executive
Branch.