Sec 17 (Power of Control)

National Artist for Literature Virgilio Almario, petitioner

v.
Executive Secretary, respondent
[GR No.189028, July 16, 2013]
(Faithful execution clause)

FACTS:
The National Artists Awards Committee and the NCCA decided to team up and jointly
administer the National Artists Award. There were three deliberations for determining the
nominees and on the final deliberation, a final list of four names was agreed upon
namely: Manuel Conde, Ramon Santos, Lazaro Francisco and Federico Aguilar-Alcuaz.
They submitted this recommendation to the President. According to respondents, the
letter was referred by the Office of the President to the Committee on Honors.
Meanwhile, the Office of the President allegedly received nominations from various
sectors, cultural groups and individuals strongly endorsing private respondents. Acting
on this recommendation, a series of Proclamations were issued declaring (the four
names in the final list) respectively, as National Artists. Hence, all the petitioners claim
that former President Macapagal-Arroyo gravely abused her discretion in disregarding
the results of the rigorous screening and selection process for the Order of National
Artists and in substituting her own choice for those of the Deliberation Panels.

ISSUE:
Whether or not the act of the President amounted to grave abuse of discretion with
regards to the violation of the right to equal protection

RULING:
YES. It should be recalled that one of the respondents was disqualified to be nominated
for being the Executive Director of the NCCA at that time while respondents Masa and
Caparas did not make it to the preliminary shortlist and respondent Moreno was not
included in the second shortlist.
Yet, the four of them were treated differently and considered favorably when they were
exempted from the rigorous screening process of the NCCA and the CCP and conferred
the Order of National Artists.
The special treatment accorded to respondents fails to pass rational scrutiny. No real
and substantial distinction between respondents and petitioner Abad has been shown
that would justify deviating from the laws, guidelines, and established procedures, and
placing respondents in an exceptional position.
In view of the foregoing, there was a violation of petitioner Abads right to equal
protection, an interest that is substantial enough confer him standing in this case.
SET ASIDE for having been issued with grave abuse of discretion.

The case of National Artist for Literature Virgilio Almario vs. Executive Secretary in
constitutional law involved the removal of a National Artist from the roster of awardees.
The key takeaways from this case include the following:

1. Respect for due process: The case highlighted the importance of due process in any
decision that affects an individual's rights or interests. It emphasized that before an
award or recognition can be revoked or removed, the individual concerned must be
given the opportunity to be heard and present his/her side.

2. Rule of Law: The ruling in this case reinforces the principle of the rule of law, which
means that every person, including government officials, must abide by the law and not
act arbitrarily or capriciously. It underscores the need for government agencies or
bodies to follow proper procedures and justify their actions based on lawful grounds.

3. Upper bounds of executive discretion: The case also clarifies that while the executive
branch has discretion in managing national awards, such as the National Artist Award,
this discretion is not absolute. The exercise of this discretion must be reasonable,
lawful, and should not violate the constitutionally protected rights of the individuals
involved.

4. Judicial review: The ruling highlights the power of the courts to review the decisions
and actions of government agencies or officials. It affirms that individuals can seek
judicial recourse when they believe their rights have been violated or when an unlawful
act has been committed by the government.
Overall, the case emphasizes the significance of due process, the rule of law, the limits
of executive discretion, and the availability of judicial review in safeguarding individual
rights and maintaining accountability within the government.