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G.R. No. 189028. July 16, 2013.*

NATIONAL ARTIST FOR LITERATURE VIRGILIO ALMARIO, NATIONAL ARTIST
FOR LITERATURE BIENVENIDO LUMBERA, NATIONAL ARTIST FOR VISUAL
ARTS (PAINTING) BENEDICTO CABRERA, NATIONAL ARTIST FOR VISUAL
ARTS (SCULPTURE) NAPOLEON ABUEVA, NATIONAL ARTIST FOR VISUAL
ARTS (PAINTING AND SCULPTURE) ARTURO LUZ, NATIONAL ARTIST FOR
PRODUCTION DESIGN SALVADOR BERNAL, UNIVERSITY PROFESSOR
EMERITUS GEMINO ABAD, DEAN MARVIC M.V.F. LEONEN (UP COLLEGE OF
LAW), DEAN DANILO SILVESTRE (UP COLLEGE OF ARCHITECTURE), DEAN
ROLAND TOLENTINO (UP COLLEGE OF MASS COMMUNICATION), PROF. JOSE
DALISAY, DR. ANTON JUAN, DR. ALEXANDER CORTEZ, DR. JOSE NEIL
GARCIA, DR. PEDRO JUN CRUZ REYES, PROF. JOSE CLAUDIO GUERRERO,
PROF. MICHAEL M. COROZA, PROF. GERARD LICO, PROF. VERNE DE LA PENA,
PROF. MARIAN ABUAN, PROF. THEODORE O. TE, DR. CRISTINA PANTOJA-
HIDALGO, PROF. JOSE

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* EN BANC.

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National Artist for Literature Virgilio Almario, et al. vs. The Executive Secretary

WENDELL CAPILI, PROF. SIR ANRIAL TIATCO, PROF. NICOLO DEL CASTILLO,
PROF. HORACIO DUMANLIG, PROF. DANTON REMOTO, PROF. PRISCELINA
PATAJO-LEGASTO, PROF. BELEN CALINGACION, PROF. AMIEL Y. LEONARDIA,
PROF. VIM NADERA, PROF. MARILYN CANTA, PROF. CECILIA DELA PAZ, PROF.
CHARLSON ONG, PROF. CLOD MARLON YAMBAO, PROF. KENNETH
JAMANDRE, PROF. JETHRO JOAQUIN, ATTY. F.D. NICOLAS B. PICHAY, ATTY.
ROSE BEATRIX ANGELES, MR. FERNANDO JOSEF, MS. SUSAN S. LARA, MR.
ALFRED YUSON, MS. JING PANGANIBAN-MENDOZA, MR. ROMULO
BAQUIRAN, JR., MR. CARLJOE JAVIER, MS. REBECCA T. ANONUEVO, MR. JP
ANTHONY D. CUNADA, MS. LEAH NAVARRO, MR. MARK MEILLY, MR. VERGEL
O. SANTOS, MR. GIL OLEA MENDOZA, MR. EDGAR C. SAMAR, MS. CHRISTINE
BELLEN, MR. ANGELO R. LACUESTA, MS. ANNA MARIA KATIGBAK-
LACUESTA, MR. LEX LEDESMA, MS. KELLY PERIQUET, MS. CARLA PACIS, MR.
J. ALBERT GAMBOA, MR. CESAR EVANGELISTA BUENDIA, MR. PAOLO
ALCAZAREN, MR. ALWYN C. JAVIER, MR. RAYMOND MAGNO GARLITOS, MS.
GANG BADOY, MR. LESLIE BOCOBO, MS. FRANCES BRETANA, MS. JUDITH
TORRES, MS. JANNETTE PINZON, MS. JUNE POTICAR-DALISAY, MS. CAMILLE
DE LA ROSA, MR. JAMES LADIORAY, MR. RENATO CONSTANTINO, JR., and
CONCERNED ARTISTS OF THE PHILIPPINES (CAP), petitioners, vs. THE
EXECUTIVE SECRETARY, THE SECRETARY OF THE DEPARTMENT OF BUDGET
AND MANAGEMENT, THE CULTURAL CENTER OF THE PHILIPPINES, THE
NATIONAL COMMISSION ON CULTURE AND THE ARTS, MS. CECILE GUIDOTE-
ALVAREZ, MR. CARLO MAGNO JOSE CAPARAS,1 MR. JOSE MORENO, MR.
FRANCISCO MAÑOSA, AND ALL PERSONS, PUBLIC AND PRIVATE, ACTING
UNDER THEIR IN-

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1 Also referred to as “Carlos Caparas” and “Carlo Caparas” in some parts or the records.

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STRUCTIONS, DIRECTION, CONTROL AND SUPERVISION IN RELATION TO THE

CONFERMENT OF THE ORDER OF THE NATIONAL ARTIST AND THE RELEASE
OF FUNDS IN RELATION TO THE CONFERMENT OF THE HONORS AND
PRIVILEGES OF THE ORDER OF NATIONAL ARTISTS ON RESPONDENTS
GUIDOTE-ALVAREZ, CAPARAS, MORENO AND MAÑOSA, respondents.

Remedial Law; Civil Procedure; Parties; The parties who assail the constitutionality or legality
of a statute or an official act must have a direct and personal interest.—The parties who assail the
constitutionality or legality of a statute or an official act must have a direct and personal interest. They
must show not only that the law or any governmental act is invalid, but also that they sustained or are
in immediate danger of sustaining some direct injury as a result of its enforcement, and not merely
that they suffer thereby in some indefinite way. They must show that they have been or are about to be
denied some right or privilege to which they are lawfully entitled or that they are about to be
subjected to some burdens or penalties by reason of the statute or act complained of.
Constitutional Law; Equal Protection of the Law; 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. The undue
classification was not germane to the purpose of the law. Instead, it contradicted the law and well-
established guidelines, rules and regulations meant to carry the law into effect.—Among the other
petitioners, Prof. Gemino Abad presents a unique valid personal and substantial interest. Like
respondents Caparas, Mañosa and Moreno, he was among the 87 nominees for the 2009 Order of
National Artists. Like respondent Moreno, he made it to the preliminary shortlist. As he did not make
it to the second shortlist, he was not considered by the Final Deliberation Panel, more so by the
former President. It should be recalled too that respondent Guidote-Alvarez was disqualified to be
nominated for being the Executive Director of the NCCA at that time while respondents Mañosa and
Caparas did not make it to the preliminary shortlist and respondent Moreno was not included in the
second shortlist.

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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 Committee on Honors and the former President effectively treated respondents Guidote-
Alvarez, Caparas, Mañosa and Moreno as a preferred class. The special treatment accorded to
respondents Guidote-Alvarez, Caparas, Mañosa and Moreno 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. The undue classification was not germane to the purpose of the law. Instead, it
contradicted the law and well-established guidelines, rules and regulations meant to carry the law into
effect. While petitioner Abad cannot claim entitlement to the Order of National Artists, he is entitled
to be given an equal opportunity to vie for that honor. In view of the foregoing, there was a violation
of petitioner Abad’s right to equal protection, an interest that is substantial enough to confer him
standing in this case.
Remedial Law; Civil Procedure; Taxpayer’s Suit; A taxpayer’s suit is proper only when there is
an exercise of the spending or taxing power of the Congress.—As regards the other concerned artists
and academics as well as the CAP, their claim of deep concern for the preservation of the country’s
rich cultural and artistic heritage, while laudable, falls short of the injury in fact requirement of
standing. Their assertion constitutes a generalized grievance shared in a substantially equal measure
by all or a large class of citizens. Nor can they take refuge in their status as taxpayers as the case does
not involve any illegal appropriation or taxation. A taxpayer’s suit is proper only when there is an
exercise of the spending or taxing power of the Congress.
Same; Prohibition; Injunction; It has been held that the remedies of prohibition and injunction
are preventive and, as such, cannot be availed of to restrain an act that is already fait accompli.—
The present action is a petition for prohibition, certiorari, injunction, restraining order and all other
legal, just and equitable reliefs. It has been held that the remedies of prohibition and injunction are

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preventive and, as such, cannot be availed of to restrain an act that is already fait accompli. Where the
act sought to be prohibited or en-

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joined has already been accomplished or consummated, prohibition or injunction becomes moot.
Nevertheless, even if the principal issue is already moot, this Court may still resolve its merits for the
future guidance of both bench and bar. Courts will decide a question otherwise moot and academic if
it is “capable of repetition, yet evading review.”
Presidency; Order of National Artists; The President’s discretion in the conferment of the Order
of National Artists should be exercised in accordance with the duty to faithfully execute the relevant
laws.—In the matter of the conferment of the Order of National Artists, the President may or may not
adopt the recommendation or advice of the NCCA and the CCP Boards. In other words, the advice of
the NCCA and the CCP is subject to the President’s discretion. Nevertheless, the President’s
discretion on the matter is not totally unfettered, nor the role of the NCCA and the CCP Boards
meaningless. Discretion is not a free-spirited stallion that runs and roams wherever it pleases but is
reined in to keep it from straying. In its classic formulation, “discretion is not unconfined and
vagrant” but “canalized within banks that keep it from overflowing.” The President’s power must be
exercised in accordance with existing laws. Section 17, Article VII of the Constitution prescribes
faithful execution of the laws by the President: Sec. 17. The President shall have control of all the
executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed.
(Emphasis supplied.) The President’s discretion in the conferment of the Order of National Artists
should be exercised in accordance with the duty to faithfully execute the relevant laws. The faithful
execution clause is best construed as an obligation imposed on the President, not a separate grant of
power. It simply underscores the rule of law and, corollarily, the cardinal principle that the President
is not above the laws but is obliged to obey and execute them. This is precisely why the law provides
that “[a]dministrative or executive acts, orders and regulations shall be valid only when they are not
contrary to the laws or the Constitution.”
Administrative Regulations; Statutes; An administrative regulation adopted pursuant to law has
the force and effect of law.—We have held that an administrative regulation adopted pursuant to law
has the force and effect of law. Thus, the rules, guidelines and policies regarding the Order of
National Artists jointly issued by the

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CCP Board of Trustees and the NCCA pursuant to their respective statutory mandates have the force
and effect of law. Until set aside, they are binding upon executive and administrative agencies,
including the President himself/herself as chief executor of laws.
Presidency; Order of National Artists; In view of the various stages of deliberation in the
selection process and as a consequence of his/her duty to faithfully enforce the relevant laws, the
discretion of the President in the matter of the Order of National Artists is confined to the names
submitted to him/her by the National Commission for Culture and Arts (NCCA) and the Cultural
Center of the Philippines (CCP) Boards.—In view of the various stages of deliberation in the
selection process and as a consequence of his/her duty to faithfully enforce the relevant laws, the
discretion of the President in the matter of the Order of National Artists is confined to the names
submitted to him/her by the NCCA and the CCP Boards. This means that the President could not have
considered conferment of the Order of National Artists on any person not considered and
recommended by the NCCA and the CCP Boards. That is the proper import of the provision of
Executive Order No. 435, s. 2005, that the NCCA and the CCP “shall advise the President on the
conferment of the Order of National Artists.” Applying this to the instant case, the former President
could not have properly considered respondents Guidote-Alvarez, Caparas, Mañosa and Moreno, as
their names were not recommended by the NCCA and the CCP Boards. Otherwise, not only will the
stringent selection and meticulous screening process be rendered futile, the respective mandates of the
NCCA and the CCP Board of Trustees under relevant laws to administer the conferment of Order of
National Artists, draft the rules and regulations to guide its deliberations, formulate and implement
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policies and plans, and undertake any and all necessary measures in that regard will also become
meaningless.
Same; Same; Equal Protection of the Law; There was a violation of the equal protection clause
of the Constitution when the former President gave preferential treatment to respondents Guidote-
Alvarez, Caparas, Mañosa and Moreno; The conferment of the Order of National Artists on said
respondents was therefore made with grave abuse of discretion and should be set aside.—There was a
violation of the equal protection clause of the Constitution when the former President gave
preferential treatment to respondents Guidote-

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Alvarez, Caparas, Mañosa and Moreno. The former President’s constitutional duty to faithfully
execute the laws and observe the rules, guidelines and policies of the NCCA and the CCP as to the
selection of the nominees for conferment of the Order of National Artists proscribed her from having
a free and uninhibited hand in the conferment of the said award. The manifest disregard of the rules,
guidelines and processes of the NCCA and the CCP was an arbitrary act that unduly favored
respondents Guidote-Alvarez, Caparas, Mañosa and Moreno. The conferment of the Order of
National Artists on said respondents was therefore made with grave abuse of discretion and should be
set aside.

SPECIAL CIVIL ACTION in the Supreme Court. Certiorari.

   The facts are stated in the opinion of the Court.
  Mary Grace C. Panganiban-Mendoza for petitioners.
  Kapunan, Lotilla, Garcia & Castillo Law Offices for respondent.
  The Government Corporate Counsel for respondent Cultural Center of the Philippines.
  M.M. Lazaro & Associates for private respondent Carlo Magno Jose Caparas.
  Verano Law Firm for respondent Francisco T. Mañosa.

LEONARDO-DE CASTRO, J.:

Art has traditionally been viewed as the expression of everything that is true, good and
beautiful. As such, it is perceived to evoke and produce a spirit of harmony. Art is also
considered as a civilizing force, a catalyst of nation-building. The notion of art and artists
as privileged expressions of national culture helped shape the grand narratives of the nation
and shared symbols of the people. The artist does not simply express his/her own individual
inspiration but articulates

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the deeper aspirations of history and the soul of the people.2 The law recognizes this role
and views art as something that “reflects and shapes values, beliefs, aspirations, thereby
defining a people’s national identity.”3 If unduly politicized, however, art and artists could
stir controversy and may even cause discord, as what happened in this case.
The Antecedents
History of the Order of National Artists
On April 27, 1972, former President Ferdinand E. Marcos issued Proclamation No.
10014 and, upon recommendation of the Board of Trustees of the Cultural Center of the
Philippines (CCP), created the category of Award and Decoration of National Artist to be
awarded to Filipinos who have made distinct contributions to arts and letters. In the same
issuance, Fernando Amorsolo was declared as the first National Artist.
On May 15, 1973, Proclamation No. 11445 was issued. It amended Proclamation No.
1001 “by creating a National Artists Awards Committee” that would “administer the
conferment of the category of National Artist” upon deserving Filipino artists. The
Committee, composed of members of the Board of Trustees of the CCP, was tasked to
“draft the rules

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2 Arts and Creative Industries: A Historical Overview and an Australian Conversation, p. 51, Australia
Council for the Arts.
3Republic Act No. 7356, Section 3 or the Law Creating the National Commission for Culture and the Arts.
4Entitled Declaring Fernando Amorsolo a National Artist.
5Entitled Declaring Francisca Reyes Aquino, Carlos V. Francisco, Amado V. Hernandez, Antonio J. Molina,
Juan F. Nakpil, Guillermo E. Tolentino and Jose Garcia Villa National Artists; and Amending Proclamation No.
1001 dated April 27, 1972, by Creating a National Artists Awards Committee, Hereinafter to Administer the
Conferment of the Award/Decoration of National Artist.

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to guide its deliberations in the choice of National Artists, to the end that those who have
created a body of work in the arts and letters capable of withstanding the test of time will be
so recognized.”
The authority of the National Artists Awards Committee to administer the conferment of
the National Artist Award was again reiterated in Presidential Decree No. 2086issued on
June 7, 1973.
On April 3, 1992, Republic Act No. 7356, otherwise known as the Law Creating the
National Commission for Culture and the Arts, was signed into law. It established the
National Commission for Culture and the Arts (NCCA) and gave it an extensive mandate
over the development, promotion and preservation of the Filipino national culture and arts
and the Filipino cultural heritage. The NCCA was tasked with the following:

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.

Among the specific mandates of the NCCA under Republic Act No. 7356 is to “extend
recognition of artistic achievement through awards, grants and services to artists and
cultural groups which contribute significantly to the Filipino’s cultural

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6 Entitled Granting Certain Privileges and Honors to National Artists and Creating a Special Fund for the
Purpose.

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legacy.”7 In connection with this mandate, the NCCA is vested with the power to “advise
the President on matters pertaining to culture and the arts, including the creation of a
special decoration or award, for persons who have significantly contributed to the
development and promotion of Philippine culture and arts.”8
As both the CCP Board of Trustees and the NCCA have been mandated by law to
promote, develop and protect the Philippine national culture and the arts, and authorized to
give awards to deserving Filipino artists, the two bodies decided to team up and jointly
administer the National Artists Award.9 Thereafter, they reviewed the guidelines for the
nomination, selection and administration of the National Artists Award. Pursuant to their
respective powers to draft and promulgate rules, regulations and measures to guide them in
their deliberations in the choice of National Artists, the CCP and NCCA adopted the
following revised guidelines in September 2007:10

4. ADMINISTRATION OF THE AWARD

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4.1. The National Commission for Culture and the Arts
(NCCA) shall plan, organize and implement the Order
of National

_______________
 7 Republic Act No. 7356, Section 12(4).
 8 Id., Section 13(j).
9 Rollo, p. 82. This effort on coordination is consistent with the powers of the NCCA to “set up a system of
networking and coordination with and among all existing government cultural agencies for the
effective implementation of programs and activities” under Section 13(c) of Republic Act No. 7356.
Section 18 in connection with Section 23(b) of the same law further provides that the NCCA “shall
coordinate with the national cultural agencies including but not limited to the Cultural Center of the
Philippines” with the NCCA as “over all policy-making and coordinating body.”
10 Id., at pp. 138-144.

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Artists in coordination with the Cultural Center of the

Philippines (CCP).
4.2. It shall enlist the support and cooperation of private sector
experts from the various fields of art to ensure that the
awards are implemented in a successful and impartial
manner.
4.3. The National Artist Award Secretariat shall commission
art experts to form a Special Research Group who shall
verify information submitted on nominees and provide
essential data. They shall be selected for their specialization
and familiarity with the works and accomplishments of
nominated artists.
4.4. The Special Research Group shall be composed of ten (10)
to twenty (20) members who have expertise in one or more
fields or disciplines.
4.5. The National Artist Award Council of Experts shall be
created before or during the nomination period. It is tasked
to screen nominees and recommend to the NCCA and CCP
Boards the candidates for the Order of National Artists. It
shall be composed of highly regarded peers, scholars,
(including cultural philosophers and historians),
academicians, researchers, art critics, and other
knowledgeable individuals. A wider age-range of experts
who would have first-hand knowledge of achievements of
nominees shall be considered.
4.6. The selection of the members of the National Artist Award
Council of Experts shall be based on the following criteria:
(a) should have achieved authority, credibility and track record
in his field(s) of expertise;
(b) should have extensive knowledge in his field(s) and his
views on Philippine art

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and culture must be national in perspective;

(c) should be a recognized authority in the study or research of
Philippine art and culture;

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(d) must be willing to devote sufficient time and effort to the
work of the Council;
(e) must be willing to sign a non-disclosure statement in order
to safeguard the confidentiality of the deliberations;
(f) must not have been convicted with finality of any crime by
a court of justice or dismissed for cause by any
organization, whether public or private.
4.7. The National Artist Award Council of Experts shall be composed of a
maximum of seven (7) members each of the seven (7) areas/disciplines. The
living National Artists will automatically become members in addition to
the forty-nine (49) selected members. These members will constitute the
first deliberation panel and will be invited to evaluate the nominations and
materials submitted by the Special Research Group.
4.8. Any member of the Council of Experts who is nominated or related to a
nominee up to the fourth degree of consanguinity or affinity shall inhibit
himself/herself from the deliberation process. Likewise, any member may
decline to participate in the deliberation for any reason or may be removed for
just cause upon recommendation to the NCCA Board by at least two thirds
(2/3) of the members; in which case, the National Artist Award Secretariat
shall again select the replacements for those who decline or resigned until the
first deliberation panel is completed.
4.9. The list of nominated members of the National Artist Award Council of
Experts shall be reviewed by the National Artist Award Secretariat as needed,

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for purposes of adding new members or replacements.

4.10.  The members of the National Artist Award Council of Experts shall serve for
a fixed term of three (3) years.
5. CRITERIA FOR SELECTION
The Order of National Artists shall be given to:
5.1 Living artists who are Filipino citizens at the time of nomination,
as well as those who died after the establishment of the award in
1972 but were Filipino citizens at the time of their death.
5.2 Artists who through the content and form of their works have
contributed in building a Filipino sense of nationhood.
5.3. Artists who have pioneered in a mode of creative expression or
style, thus, earning distinction and making an impact on
succeeding generations of artists.
5.4. Artists who have created a substantial and significant body of
works and/or consistently displayed excellence in the practice of
their art form thus enriching artistic expression or style.
5.5 Artists who enjoy broad acceptance through:
5.5.1. prestigious national and/or international recognition, such
as the Gawad CCP Para sa Sining, CCP Thirteen Artists
Award and NCCA Alab ng Haraya
5.5.2. critical acclaim and/or reviews of their works
5.5.3. respect and esteem from peers.

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6. NOMINATION PROCEDURE
6.1. The National Artist Award Secretariat shall announce the
opening of nominations through media releases and letters to
qualified organizations.
6.2. Candidates may be nominated under one or more of the
following categories:

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6.2.1. Dance – choreography, direction and/or
performance.
6.2.2. Music – composition, direction, and/or
performance.
6.2.3. Theater – direction, performance and/or production
design.
6.2.4. Visual Arts – painting, sculpture, printmaking,
photography, installation art, mixed media works,
illustration, comics/komiks, graphic arts,
performance art and/or imaging.
6.2.5. Literature – poetry, fiction (short story, novel and
play); non-fiction (essay, journalism, literary
criticism and historical literature).
6.2.6. Film and Broadcast Arts – direction, writing,
production design, cinematography, editing,
camera work, and/or performance.
6.2.7.
Architecture, Design and Allied Arts – architecture
design, interior design, industrial arts design,
landscape architecture and fashion design.
6.3. Nominations for the Order of National Artists may be submitted
by government and non-government cultural organizations and
educational institutions, as well as private foundations and
councils.
6.4. Members of the Special Research Group, as well as agencies
attached to the NCCA and CCP shall not submit nominations.

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6.5. NCCA and CCP Board members and consultants and NCCA
and CCP officers and staff are automatically disqualified from
being nominated.
6.6.    Nominations shall be accepted only when these are submitted in
writing and with proper supporting documentation, as follows:
6.6.1. A cover letter signed by the head or designated
representative of the nominating organization.
The cover letter shall be accompanied by a Board
Resolution approving the nominee concerned with the
said resolution signed by the organization President and
duly certified by the Board Secretary.
6.6.2. A duly accomplished nomination form;
6.6.3. A detailed curriculum vitae of the nominee;
6.6.4. A list of the nominee’s significant works categorized
according to the criteria;
6.6.5. The latest photograph (color or black and white) of the
nominee, either 5[”] x 7” or 8[”] x 11”;
6.6.6. Pertinent information materials on the nominee’s
significant works (on CDs, VCDs and DVDs);
6.6.7. Copies of published reviews;
6.6.8. Any other document that may be required.
6.7. Nominations received beyond the announced deadline for the
submission of nominations shall not be considered.

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6.8. The National Artist Award Secretariat shall announce the

opening of nominations through media releases.
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6.9.    All inquiries and nominations shall be submitted to
The NATIONAL ARTIST AWARD SECRETARIAT
Office of the Artistic Director
Cultural Center of the Philippines
Roxas Boulevard, 1300 Pasay City
or
The NATIONAL ARTIST AWARD SECRETARIAT
Office of the Deputy Executive Director
National Commission for Culture and the Arts
633 General Luna Street, Intramuros, Manila

7. SCREENING AND SELECTION PROCESS

7.1. The National Artist Award Secretariat shall pre-screen the
nominees based on technical guideline items 5.1, 6.2, 6.3,
6.4, 6.5 and 6.6. The pre-screening shall not be based on the
accomplishments and merits of the nominee.
7.2. The Special Research Group shall accomplish its task within six
(6) months. The main objective is to verify the validity of the data,
and evaluate the quality, true value and significance of works
according to the criteria. It shall come up with the updated and
comprehensive profiles of nominees reflecting their most
outstanding achievements.
7.3. The National Artist Award Secretariat will meet to review the list
of nominees for oversights. Consequently, deserving nominees
shall be added to the list.
7.4. The first deliberation panel (Council of Experts) shall be
intradisciplinary. The panel-

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ists shall be grouped according to their respective fields of expertise

or disciplines to shortlist the nominees in their disciplines or
categories for presentation to the second deliberation panel.
7.5.    The second deliberation panel shall be composed of a different
set of experts from the first deliberation panel [three (3) experts
each of the seven (7) areas/discipline] and may include members
from varying backgrounds such as critics and academicians. The
achievements of each shortlisted nominee shall be presented by
one designated member of Council of Experts. Then panel
deliberates and ranks the shortlisted nominees according to the
order of precedence following the set criteria of the Order of
National Artists. In extreme cases, the Second Deliberation may
add new names to the lists.
7.6.    The second deliberation panel may recommend not to give award
in any category if no nominee is found deserving. The number of
awardees shall also depend on the availability of funds. All
decisions and recommendations shall be in writing.
7.7. The recommendations from the Second Deliberation Panel of the
National Artist Award Council of Experts shall then be presented
to the joint boards of NCCA and CCP for final selection. The
presentors shall prepare their presentation in writing together with
an audio-visual presentation or powerpoint presentation. Written
interpellations/opinions will be accepted from selected critics. The
review shall be based on the ranking done by the Second
Deliberation. The voting shall be across disciplines. The National
Artists will be given the option whether to vote on all
categories or on his/her particular discipline.
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7.8.      Proxy votes will not be allowed in the Selection Process.

Designation of permanent representatives of agencies should be
made at the outset to make them regular Board members of NCCA
and thus, may be allowed to cast votes.
7.9.    The list of awardees shall be submitted to the President
of the Republic of the Philippines for confirmation,
proclamation and conferral.
8. PRESENTATION OF THE AWARDS
8.1. The Order of National Artists shall not be conferred more
frequently than every three (3) years.
8.2. The Order of National Artists shall be conferred by the
President of the Philippines on June 11 or any appropriate
date in fitting ceremonies to be organized by the National
Artist Secretariat.
8.3. The medallion of the Order of National Artists and citation
shall be given to the honoree during the conferment
ceremony. The cash award of P100,000.00 in cheque shall
be given immediately after the ceremony or at another time
and place as requested by the honoree.
8.4. A posthumous conferral consisting of the medallion and
citation shall be given to the family or legal heir/s of the
honoree. The cash award of P75,000.00 in cheque shall be
given to the honoree’s legal heir/s or a representative
designated by the family immediately after the ceremony or
at another time and place as requested by the family.
(Emphases supplied.)

In 1996, the NCCA and the CCP created a National Artist Award Secretariat composed
of the NCCA Executive Director as Chairperson, the CCP President as Vice-Chairperson,
and the NCCA Deputy Executive Director, the CCP Vice-
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President/Artistic Director, the NCCA National Artist Award Officer and the CCP National
Artist Award Officer as members. They also centralized with the NCCA all financial
resources and management for the administration of the National Artists Award. They
added another layer to the selection process to involve and allow the participation of more
members of the arts and culture sector of the Philippines in the selection of who may be
proclaimed a National Artist.
On September 19, 2003, Executive Order No. 236, s. 2003, entitled Establishing the
Honors Code of the Philippines to Create an Order of Precedence of Honors Conferred and
for Other Purposes, was issued. The National Artists Award was renamed the Order of
National Artists and raised to the level of a Cultural Order, fourth in precedence among the
orders and decorations that comprise the Honors of the Philippines.11 Executive Order No.
236, s. 2003, recognizes the vital role of the NCCA and the CCP in identifying Filipinos
who have made distinct contributions to arts and letters and states that the National Artist
recognition is conferred “upon the recommendation of the Cultural Center of the
Philippines and the National Commission for Culture and the Arts.”12Executive Order No.
236, s. 2003, further created a Committee on Honors to “assist the President in evaluating
nominations for recipients of Honors,”13 including the Order of National Artists, and
presidential awards. The Committee on Honors has been allowed to “authorize relevant
department or government agencies to maintain Honors and/or Awards Committees to
process nominations for Honors and/or Presidential Awards.14 In this connection, Section 2.4(A)
of the Implementing Rules and Regulations15 of Executive Order No. 236, s. 2003, states:

_______________
11 EXECUTIVE ORDER NO. 236, S. 2003, Sections 3 and 5.

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12 Id., Section 5.
13 Id., Section 9.
14Id.
15 Approved under MEMORANDUM ORDER NO. 128 dated December 23, 2003.

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2.4: Awards Committees

There shall be two types of awards committees: the Committee on Honors and the various
awards committees in the various units of the government service.
A. The Committee on Honors
The Committee on Honors serves as a National Awards Committee. It is composed of the
following:
The Executive Secretary, Chairman
The Secretary of Foreign Affairs, Vice-Chairman
Head, Presidential Management Staff, member
Presidential Assistant for Historical Affairs, member
Chief of Presidential Protocol, member
Chief of Protocol, DFA, member
All nominations from the various awards committees must be submitted to the Committee
on Honors via the Chancellery of Philippine Orders and State Decorations. The Chancellery
shall process nominations for the consideration of the Committee on Honors. The
Committee on Honors shall screen and recommend these nominations to the President.
The Committee on Honors shall, as a general rule, serve as a screening committee to
ensure that nominations received from the various awards committees meet two tests:
that there has not been an abuse of discretion in making the nomination, and that the
nominee is in good standing. Should a nomination meet these criteria, a
recommendation to the President for conferment shall be made.
The President of the Philippines takes the recommendations of the Committee on Honors in
the highest consideration when making the final decision on the conferment of awards.
(Emphasis supplied.)

Executive Order No. 435, s. 2005, entitled Amending Section 5(IV) of Executive Order No.
236 Entitled “Establishing the Honors Code of the Philippines to Create an Order of Precedence
of Honors Conferred and for Other Purposes” was subsequently issued on June 8, 2005. It
amended the wording of Executive
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Order No. 236, s. 2003, on the Order of National Artists and clarified that the NCCA and
the CCP “shall advise the President on the conferment of the Order of National Artists.”
Controversy Surrounding the 2009
Order of National Artists

Petitioners alleged that on January 30, 2007, a joint meeting of the NCCA Board of
Commissioners and the CCP Board of Trustees was held to discuss, among others, the
evaluation of the 2009 Order of National Artists and the convening of the National Artist
Award Secretariat. The nomination period was set for September 2007 to December 31,
2007, which was later extended to February 28, 2008. The pre-screening of nominations
was held from January to March 200816
On April 3, 2009, the First Deliberation Panel met.17 A total of 87 nominees18 were
considered during the deliberation and

_______________
16 Rollo, p. 17.
17 Id., at pp. 18.
18 Id., at pp. 39-40. These nominees were as follows:
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Art Field Name Number

Dance 1. Belmonte, Paz Cielo 8

2. Elejar, Eddie

3. Fabella, Antonio

4. Iñigo, Corazon

5. Locsin, Carmen

6. Pil, Teresita Veloso

7. Radaic, Felicitas

8. Reyes, Alice

Music 1. Asensio, Fides Cuyugan 16

2. Buenaventura, Alfredo

3. Canseco, George+

4. Cayabyab, Ryan

5. Cenizal, Josefino

6. Cruz, Emiliano

7. De Guzman, Constancio+

8. Hontiveros, S.J., Fr. Eduardo+

9. Lozada, Carmencita+

10. Kabayao, Gilopez

11. Mijares, Emil+

12. Pajaro, Eliseo+

13. Romero, Redentor+

14. Santos, Ramon

15. Sunico, Raul

16. Zamora, Ricardo “Dick”

Theater 1. Amador, Zeneida+ 6

2. Bonifacio, Amelia Lapeña

3. Carpio, Rustica
4. Mabesa, Antonio
5. Rogers, Naty Crame

6. Santos, Isabel

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a preliminary shortlist19 of 32 names was compiled.

_______________

Visual Arts 1. Alcala, Larry+ 22

2. Alcuaz, Federico Aguilar

3. Bitanga, Rosario
4. Caparas, Carlo
5. Carlos, Romeo

6. Carmelo, Alfredo+
7. Castrillo, Eduardo
8. Coching, Francisco+

9. Fajardo, Brenda
10. Isidro, Raul
11. Lorenzo, Diosdado+

12. Marcelo, Nonoy+

13. Miranda, Jr., Nemesio
14. Olmedo, Luis “Onib”+

15. Orlina, Ramon

16. Pacheco, Rafael
17. Rodriguez, Sr., Manuel
18. Santos, Mauro Malang

19. Santos, Paz Singson Abad

20. Tabuena, Romeo
21. Velasquez, Tony+

22. Vitug, Honesto

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Literature 1. Abad, Gemino 14
2. Bautista, Cirilo

3. Bragado, Jose
4. Cristobal, Sr., Adrian+
5. Chua, Kee (Sy Yinchow)

6. Dimalanta, Ophelia Alcantara

7. Fernandez, Doreen+
8. Fernando, Gilda Cordero

9. Francisco, Lazaro+
10. Hidalgo, Juan, S.P.
11. Jalandoni, Magdalena+

12. Matute, Genoveva Edroza

13. Uranza, Azucena Grajo
14. Villanueva, Renato “Rene”+

Film and Broadcast Arts 1. Aunor, Nora (Film) 10

2. Castillo, Celso Ad (Film)

3. Conde, Manuel+ (Film)

4. De Leon, Mike (Film)
5. Dolphy (Film)

6. Lazaro, Cecilia “Cheche” (Broadcast Arts)

7. Magpayo, Fidela “Dely” (Broadcast Arts)
8. Muñoz, Tita+ (Film)

9. Trinidad, Francisco+ (Broadcast Arts)

10. Vela, Helen+ (Broadcast Arts)

Architecture, Design and 1. Alonzo, Aureo (Fashion Design) 11

Allied Arts
2. Arguelles, Carlos+ (Architecture)

3. Calma, Lor (Architecture)

4. Concio, Cesar (Architecture)
5. Farrales, Ben (Fashion Design)

6. Formoso, Gabriel (Architecture)

7. Higgins, Salvacion Lim+ (Fashion Design)
8. Mañosa, Francisco “Bobby” (Architecture)

9. Mendoza, Felipe+ (Architecture)

10. Moreno, Jose “Pitoy” (Fashion Design)
11. Salazar, Joe+ (Fashion Design)

19 Id., at p. 41. Those included in the preliminary shortlist were as follows:

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On April 23, 2009, the Second Deliberation Panel purportedly composed of an entirely
new set of Council of Experts met and shortlisted 13 out of the 32 names in the preliminary
shortlist.20 On May 6, 2009, the final deliberation was con-

_______________

Art Field Name (In Alphabetical Order)

Dance 1. Belmonte, Paz Cielo
2. Iñigo, Corazon
Music 1. Asensio, Fides Cuyugan
2. Buenaventura, Alfredo
3. Santos, Ramon
4. Sunico, Raul
Theater 1. Bonifacio, Amelia Lapeña
2. Mabesa, Antonio
3. Rogers, Naty Crame
Visual Arts 1. Alcala, Larry+
2. Alcuaz, Federico Aguilar
3. Castrillo, Eduardo
4. Coching, Francisco+
5. Lorenzo, Diosdado+
6. Rodriguez, Sr., Manuel

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Literature 1. Abad, Gemino
2. Bautista, Cirilo
3. Fernando, Gilda Cordero
4. Francisco, Lazaro+
5. Jalandoni, Magdalena+
6. Villanueva, Renato+
Film and Broadcast Arts 1. Castillo, Celso Ad (Film)
2. Conde, Manuel+ (Film)
3. Dolphy (Film)
4. Lazaro, Cecilia “Cheche” (Broadcast Arts)
5. Trinidad, Francisco+ (Broadcast Arts)
Architecture, Design and 1. Arguelles, Carlos+ (Architecture)
Allied Arts 2. Formoso, Gabriel (Architecture)
3. Higgins, Salvacion Lim+ (Fashion Design)
4. Mendoza, Felipe+ (Architecture)
5. Moreno, Jose “Pitoy” (Fashion Design)
6. Salazar, Joe+ (Fashion Design)

20 Id., at p. 42. Those included in the second shortlist were as follows:

   Art Field                                                Name

   Dance    Belmonte, Paz Cielo

   Iñigo, Corazon

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ducted by the 30-member Final Deliberation Panel comprised of the CCP Board of
Trustees and the NCCA Board of Commissioners and the living National Artists.21 From
the 13 names in the second shortlist, a final list of four names was agreed upon.22The final
list, according to rank, follows:

Name Art Field/Category Number of Votes

Manuel Conde (+) Film and Broadcast Arts (Film) 26

Ramon Santos Music 19

Lazaro Francisco (+) Literature 15

Federico Aguilar-Alcuaz Visual Arts 15

On May 6, 2009, a letter, signed jointly by the Chairperson of the NCCA,

Undersecretary Vilma Labrador, and the President and Artistic Director of the CCP, Mr.
Nestor Jardin, was sent to the President.23 The letter stated, thus:

_______________

   Music    Santos, Ramon

   Theater    Bonifacio, Amelia Lapeña
   Mabesa, Antonio
   Visual Arts    Alcuaz, Federico Aguilar
   Castrillo, Eduardo
   Literature    Francisco, Lazaro+
   Jalandoni, Magdalena+
  Film and Broadcast Arts    Conde, Manuel+ (Film)
   Trinidad, Francisco+ (Broadcast Arts)

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Architecture, Design and Allied Arts    Arguelles, Carlos+ (Architecture)
   Salazar, Joe+ (Fashion Design)

21 Id., at p. 22.
22 Id., at p. 43.
23Id., at p. 22.

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May 6, 2009
Her Excellency GLORIA MACAPAGAL-ARROYO
President of the Philippines
Malacañan Palace, Manila

Subject: 2009 Order of National Artist Awardees

Dear President Arroyo:

We are respectfully submitting a recommendation of the NCCA Board of Trustees and

CCP Board of Trustees for the Proclamation of the following as 2009 Order of National
Artists:
1. Mr. MANUEL CONDE+
  (Posthumous) – Film and Broadcast Arts
2. Dr. RAMON SANTOS – Music
3. Mr. LAZARO FRANCISCO+
  (Posthumous) – Literature
4. Mr. FEDERICO AGUILAR-ALCUAZ – Visual Arts

The above persons were identified by experts in the various fields of arts and culture,
including living National Artists. An intensive selection process was observed following
established practice. In the past, awards were presented by the President at a Ceremony held
at the Malacañan Palace followed by a program called “Parangal” at the Cultural Center of
the Philippines. We also propose to continue with past practice of celebrating the life and
works of the four (4) Order of National Artists through an exhibit that will open and a
commemorative publication that will be released on the day of the proclamation.
We respectfully suggest, subject to Her Excellency’s availability, that the Proclamation
be on June 11, 2009, if possible at the Malacañan Palace.
Thank you for your kind attention.
Very respectfully yours,
(Sgd.)

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VILMA L. LABRADOR
Chairman
National Commission for Culture and the Arts
(Sgd.)
NESTOR O. JARDIN
President and Artistic Director
Cultural Center of the Philippines24

According to respondents, the aforementioned 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 Cecile Guidote-Alvarez, Carlo Magno Jose Caparas,
Francisco Mañosa and Jose Moreno. The Committee on Honors purportedly processed
these nominations and invited resource persons to validate the qualifications and credentials
of the nominees.25

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The Committee on Honors thereafter submitted a memorandum to then President Gloria
Macapagal-Arroyo recommending the conferment of the Order of National Artists on the
four recommendees of the NCCA and the CCP Boards, as well as on private respondents
Guidote-Alvarez, Caparas, Mañosa and Moreno. Acting on this recommendation,
Proclamation No. 1823 declaring Manuel Conde a National Artist was issued on June 30,
2009. Subsequently, on July 6, 2009, Proclamation Nos. 1824 to 1829 were issued
declaring Lazaro Francisco, Federico AguilarAlcuaz and private respondents Guidote-
Alvarez, Caparas, Mañosa and Moreno, respectively, as National Artists. This was
subsequently announced to the public by then Executive Secretary Eduardo Ermita on July
29, 2009.26

_______________
24 Id., at p. 44.
25 Id., at pp. 160-161.
26 I

 
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Convinced that, by law, it is the exclusive province of the NCCA Board of

Commissioners and the CCP Board of Trustees to select those who will be conferred the
Order of National Artists and to set the standard for entry into that select group, petitioners
instituted this petition for prohibition, certiorari and injunction (with prayer for restraining
order) praying that the Order of National Artists be conferred on Dr. Santos and that the
conferment of the Order of National Artists on respondents Guidote-Alvarez, Caparas,
Mañosa and Moreno be enjoined and declared to have been rendered in grave abuse of
discretion.27
In a Resolution28 dated August 25, 2009, the Court issued a status quo order29 enjoining
“public respondents” “from conferring the rank and title of the Order of National Artists on
private respondents; from releasing the cash awards that accompany such conferment and
recognition; and from holding the acknowledgment ceremonies for recognition of the
private respondents as National Artists.”
What is the nature and scope of the power of the President to confer the Order of the
National Artists and how should it be exercised? This is the essential issue presented in this
case. It will determine whether the proclamation of respondents as National Artists is valid.
Preliminary procedural issues on the standing of the petitioners and the propriety of the
remedies taken,30however, call for resolution as a prerequisite to the discussion of the main
question.

_______________
27Id., at pp. 34-35.
28 Id., at pp. 49-50.
29 Id., at pp. 51-55.
30 Other procedural issues (such as violation of the hierarchy of courts and lack of verification by some of the
petitioners) have been raised by the public respondents and respondent Caparas. In view of the purely legal
question, substantial merit and paramount public interest involved in this case, however, the said procedural
infirmities have been brushed aside and strict technicalities relaxed. (Relevant to the relaxation of the rule on the
hierachy of courts, see

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Contention of the Parties

A perusal of the pleadings submitted by the petitioners reveals that they are an
aggrupation of at least three groups, the National Artists, cultural workers and academics,
and the Concerned Artists of the Philippines (CAP). The National Artists assert an “actual
as well as legal interest in maintaining the reputation of the Order of National Artists.”31 In
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particular, they invoke their right to due process not to have the honor they have been
conferred with diminished by the irregular and questionable conferment of the award on
respondents Guidote-Alvarez, Caparas, Mañosa and Moreno. For petitioners, this would
adversely affect their right to live a meaningful life as it detracts not only from their right to
enjoy their honor as a fruit of their lifelong labor but also from the respect of their peers.32
The cultural workers, academics and CAP claim to be Filipinos who are deeply
concerned with the preservation of the country’s rich cultural and artistic heritage. As
taxpayers, they are concerned about the use of public monies for illegal appointments or
spurious acts of discretion.33

_______________
Archbishop Capalla v. Commission on Elections, G.R. No. 201112, June 13, 2012, 673 SCRA 1, 47-48; United
Claimants Association of NEA [UNICAN] v. National Electrification Administration, G.R. No. 187107, January
31, 2012, 664 SCRA 483, 489-490; Chua v. Ang, G.R. No. 156164, September 4, 2009, 598 SCRA 229, 239;
Garcia v. Miro, G.R. No. 167409, March 20, 2009, 582 SCRA 127, 133. In connection with the liberality on the
verification requirement, see Altres v. Empleo, G.R. No. 180986, December 10, 2008, 573 SCRA 583; De
Guzman, Jr. v. Ochoa, G.R. No. 169292, April 13, 2011, 648 SCRA 677, 682-683; Torres-Gomez v. Codilla, Jr.,
G.R. No. 195191, March 20, 2012, 668 SCRA 600, 611; and Pagadora v. Ilao, G.R. No. 165769, December 12,
2011, 662 SCRA 14, 25.)
31 Rollo, p. 682.
32 Id.
33 Id., at pp. 682-683.

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All of 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. According to petitioners, the President’s discretion to name National Artists is not
absolute but limited. In particular, her discretion on the matter cannot be exercised in the
absence of or against the recommendation of the NCCA and the CCP. In adding the names
of respondents Caparas, Guidote-Alvarez, Mañosa and Moreno while dropping Dr. Santos
from the list of conferees, the President’s own choices constituted the majority of the
awardees in utter disregard of the choices of the NCCA and the CCP and the arts and
culture community which were arrived at after a long and rigorous process of screening and
deliberation. Moreover, the name of Dr. Santos as National Artist for Music was deleted
from the final list submitted by the NCCA and the CCP Boards without clearly indicating
the basis thereof. For petitioners, the President’s discretion to name National Artists cannot
be exercised to defeat the recommendations made by the CCP and NCCA Boards after a
long and rigorous screening process and with the benefit of expertise and experience. The
addition of four names to the final list submitted by the Boards of the CCP and the NCCA
and the deletion of one name from the said list constituted a substitution of judgment by the
President and a unilateral reconsideration without clear justification of the decision of the
First, Second and Final Deliberation Panels composed of experts.34
Petitioners further argue that the choice of respondent Guidote-Alvarez was illegal and
unethical because, as the then Executive Director of the NCCA and presidential adviser on
culture and arts, she was disqualified from even being nominated.35 Moreover, such action
on the part of the former Presi-

_______________
34Id., at pp. 671-677.
35 Id., at p. 673.

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dent constituted grave abuse of discretion as it gave preferential treatment to respondent

Guidote-Alvarez by naming the latter a National Artist despite her not having been
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nominated and, thus, not subjected to the screening process provided by the rules for
selection to the Order of National Artists. Her inclusion in the list by the President
represented a clear and manifest favor given by the President in that she was exempted
from the process that all other artists have to undergo. According to petitioners, it may be
said that the President used a different procedure to qualify respondent Guidote-Alvarez.
This was clearly grave abuse of discretion for being manifest and undue bias violative of
the equal protection clause.36
Respondent Caparas refutes the contention of the petitioning National Artists and insists
that there could be no prejudice to the latter. They remain to be National Artists and
continue to receive the emoluments, benefits and other privileges pertaining to them by
virtue of that honor. On the other hand, all the other petitioners failed to show any material
and personal injury or harm caused to them by the conferment of the Order of National
Artists on respondents Guidote-Alvarez, Caparas, Mañosa and Moreno. The rule on
standing may not be relaxed in favor of the petitioners as no question of constitutionality
has been raised and no issue of transcendental importance is involved.37
Respondent Caparas further argues that the remedies of prohibition and injunction are
improper as the act sought to be enjoined — the declaration of respondents Guidote-
Alvarez, Caparas, Mañosa and Moreno as National Artists — had already been
consummated. In particular, respondent Caparas was already proclaimed National Artist
through Proclamation No. 1827 issued on July 6, 2009.38

_______________
36 Id., at pp. 678-680.
37Id., at pp. 508-513.
38Id.

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On the merits, respondent Caparas contends that no grave abuse of discretion attended
his proclamation as National Artist. The former President considered the respective
recommendations of the NCCA and the CCP Boards and of the Committee on Honors in
eventually declaring him (Caparas) as National Artist. The function of the NCCA and the
CCP Boards is simply to advise the President. The award of the Order of National Artists is
the exclusive prerogative of the President who is not bound in any way by the
recommendation of the NCCA and the CCP Boards. The implementing rules and
regulations or guidelines of the NCCA cannot restrict or limit the exclusive power of the
President to select the recipients of the Order of National Artists.39
For her part, in a letter40 dated March 11, 2010, respondent Guidote-Alvarez
manifested that she was waiving her right to file her comment on the petition and submitted
herself to the Court’s discretion and wisdom.
Respondent Mañosa manifested that his creations speak for themselves as his
contribution to Filipino cultural heritage and his worthiness to receive the award.
Nonetheless, he expressed his conviction that the Order of National Artists is not a right but
a privilege that he would willingly relinquish should he be found not worthy of it.41
Respondent Moreno did not file any pleading despite being given several opportunities
to do so. Hence, the Court dispensed with his pleadings.42
In a Resolution dated July 12, 2011, this Court gave due course to the petition and
required the parties to file their

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39 Id., at pp. 514-519.
40 Id., at p. 409.
41 Id., at pp. 366-379, Entry of Appearance with Show Cause and Comment dated March 12, 2010; Rollo, pp.
578-585, Memorandum dated September 20, 2011.
42 Id., at pp. 489-491 and 637B-637C, Resolutions dated July 12, 2011 and January 17, 2012.

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respective memoranda.43 Respondent Caparas filed his memorandum on September 8,

2011,44 the CCP filed its memorandum on September 19, 2011,45respondent Mañosa on
September 20, 2011,46 and the Office of the Solicitor General filed a manifestation stating
that it is adopting its comment as its memorandum on September 21, 2011.47 Respondent
Moreno failed to file a Memorandum, hence, the Court resolved to dispense with the
same.48 Petitioners filed their Memorandum on May 14, 2012.49
On the other hand, the original position of the Office of the Solicitor General (OSG) was
similar to that of respondent Caparas.50 In a subsequent manifestation,51 however, the
OSG stated that the current Board of Commissioners of the NCCA agree with the
petitioners that the President cannot honor as a National Artist one who was not
recommended by the joint Boards of the NCCA and the CCP. The implementing rules and
regulations of Executive Order No. 236, s. 2003, recognized the binding character of the
recommendation of the NCCA and the CCP Boards and limited the authority of the
Committee on Honors to the determination that (1) there has been no grave abuse of
discretion on the part of the NCCA and the CCP Boards in making the nomination, and (2)
the nominee is in good standing. Where a nomination meets the said two criteria, a
recommendation to the President to confer the award shall be made.52

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43 Id.
44Id., at pp. 499-527.
45 Id., at pp. 535-576.
46Id., at pp. 578-585.
47Id., at pp. 586-590.
48 Id., at pp. 637B-637C.
49 Id., at pp. 659-686.
50 Id., at pp. 146-198 and 304-312, Comment and Supplemental Comment of public respondents filed by the
OSG.
51 Id., at pp. 697-746.
52 Id.

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The OSG further argued that, while the President exercises control over the NCCA and
the CCP, the President has the duty to faithfully execute the laws, including the NCCA-
CCP guidelines for selection of National Artists and the implementing rules of Executive
Order No. 236, s. 2003. Moreover, the laws recognize the expertise of the NCCA and the
CCP in the arts and tasked them to screen and select the artists to be conferred the Order of
National Artists. Their mandate is clear and exclusive as no other agency possesses such
expertise.53
The OSG also assailed the former President’s choice of respondent Guidote-Alvarez for
being contrary to Republic Act No. 7356.54 Section 11 of the said law provides:

Sec. 11. Membership Restrictions.—During his/ her term as member of the

Commission, a Commissioner shall not be eligible for any grant, or such other financial aid
from the Commission as an individual: Provided, however, That he/she may compete for
grants and awards on the same level as other artists one (1) year after his/her term shall have
expired.

The omission of the word “award” in the first portion of the above provision appears to
be unintentional as shown by the proviso which states that a member may compete for
grants and awards only one year after his or her term shall have expired. As such,
respondent Guidote-Alvarez is restricted and disqualified from being conferred the 2009
Order of National Artists.55 

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53 Id.
54Id.
55Id.

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The Court’s Ruling

Standing of the Petitioners
Standing is the determination of whether a specific person is the proper party to bring a
matter to the court for adjudication.56 The gist of the question of standing is whether a party
alleges such personal stake in the outcome of the controversy as to assure that concrete
adverseness which sharpens the presentation of issues upon which the court depends for
illumination of difficult constitutional questions.57
The parties who assail the constitutionality or legality of a statute or an official act must
have a direct and personal interest. They must show not only that the law or any
governmental act is invalid, but also that they sustained or are in immediate danger of
sustaining some direct injury as a result of its enforcement, and not merely that they suffer
thereby in some indefinite way. They must show that they have been or are about to be
denied some right or privilege to which they are lawfully entitled or that they are about to
be subjected to some burdens or penalties by reason of the statute or act complained of.58
In this case, we find that the petitioning National Artists will be denied some right or
privilege to which they are entitled as members of the Order of National Artists as a result
of the conferment of the award on respondents Guidote-Alvarez, Caparas, Mañosa and
Moreno. In particular, they will be

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56 Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES AND POLICIES (3rd Edition), p. 60.
57 Francisco, Jr. v. House of Representatives, 460 Phil. 830, 893; 415 SCRA 44, 134 (2003).
58Southern Hemisphere Engagement Network, Inc. v. Anti-Terrorism Council, G.R. No. 178552, October 5,
2010, 632 SCRA 146, 167, citing Anak Mindanao Party-List Group v. Executive Secretary Ermita, 558 Phil. 338,
351; 531 SCRA 583, 542 (2007).

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denied the privilege of exclusive membership in the Order of National Artists.

In accordance with Section 2(a)59 of Executive Order No. 236, s. 2003, the Order of
National Artists is “an exclusive association of honored individuals.” To ensure the
exclusivity of the membership in the Order, a rigid nomination and screening process has
been established with different sets of renowned artists and respected art critics invited to
sit as the Council of Experts for the First and Second Deliberation Panels. Moreover, all
living National Artists are given a voice on who should be included in their exclusive club
as they automatically become members of the Final Deliberation Panel that will vote on
who should be included in the final list to be submitted to the President for conferment of
the Order of National Artists. To allow the untrammeled discretion and authority of the
President to confer the Order of National Artists without regard to the stringent screening
and rigorous selection process established by the NCCA and the CCP will diminish, if not
negate, the exclusive nature of the said Order. It will unduly subject the selection and
conferment of the Order of National Artists to politics rather than to principles and
procedures. It will subvert the transparent and rigorous process and allow entry to the
exclusive Order of National Artists through a secret backdoor of lobbying, back channeling
and political accommodation.
Among the other petitioners, Prof. Gemino Abad presents a unique valid personal and
substantial interest. Like respondents Caparas, Mañosa and Moreno, he was among the 87
nominees for the 2009 Order of National Artists. Like respondent Moreno, he made it to the
preliminary shortlist. As he

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59 SECTION 2. Definition of Terms.—The following terms, as used in this Executive Order, shall be
defined as follows:

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a. Order. An Order is an award that grants membership in an exclusive association of honored
individuals, and which by tradition carries with it distinctive insignia to be worn by recipients. (Emphasis
supplied.)

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did not make it to the second shortlist, he was not considered by the Final Deliberation
Panel, more so by the former President.
It should be recalled too that respondent Guidote-Alvarez was disqualified to be
nominated for being the Executive Director of the NCCA at that time while respondents
Mañosa 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 Committee on Honors
and the former President effectively treated respondents Guidote-Alvarez, Caparas, Mañosa
and Moreno as a preferred class. The special treatment accorded to respondents Guidote-
Alvarez, Caparas, Mañosa and Moreno fails to pass rational scrutiny.60 No real and
substantial distinction between respondents and petitioner Abad has been shown that would
justify deviating from the laws, guidelines and established

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60 The rational basis scrutiny is one of three tests used by the Court to test compliance with the equal
protection clause. It is the minimal level of scrutiny which requires that the challenged classification is rationally
related to serving a legitimate State interest. It is used when the government action is a type of discrimination that
does not warrant the intermediate and strict levels of scrutiny. The intermediate or middle-tier test requires the
government to show that (1) the challenged classification serves an important State interest, and (2) the
classification is at least substantially related to serving that interest. It is applied to suspect classifications like
gender or illegitimacy. The most demanding is the strict scrutiny test which requires the government to show that
(1) the challenged classification serves a compelling State interest, and (2) the classification is necessary to serve
that interest. It is used in classifications based on race, national origin, religion alienage, denial of the right to vote,
access to courts and other rights recognized as fundamental. (Bernas, Joaquin S.J., THE 1987 CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES: A COMMENTARY [2009 edition], pp. 139-140).

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procedures, and placing respondents in an exceptional position. The undue classification

was not germane to the purpose of the law. Instead, it contradicted the law and well-
established guidelines, rules and regulations meant to carry the law into effect. While
petitioner Abad cannot claim entitlement to the Order of National Artists,61 he is entitled
to be given an equal opportunity to vie for that honor. In view of the foregoing, there was a
violation of petitioner Abad’s right to equal protection, an interest that is substantial enough
to confer him standing in this case.
As regards the other concerned artists and academics as well as the CAP, their claim of
deep concern for the preservation of the country’s rich cultural and artistic heritage, while
laudable, falls short of the injury in fact requirement of standing. Their assertion constitutes
a generalized grievance shared in a substantially equal measure by all or a large class of
citizens.62 Nor can they take refuge in their status as taxpayers as the case does not involve
any illegal appropriation or taxation. A taxpayer’s suit is proper only when there is an
exercise of the spending or taxing power of the Congress.63
Nonetheless, as a reading of the petition shows that it has advanced an issue which
deserves the attention of this Court in view of its seriousness, novelty and weight as
precedent, it behooves the Court to relax the rules on standing and to re-

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61 This is not to say that petitioner Abad is unworthy of the honor. It only means that the Court is in no
position to make that determination.

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62 Warth v. Seldin, 422 U.S. 490, 499 (1975); see also David v. Macapagal-Arroyo, 522 Phil. 705, 762; 489
SCRA 160, 223 (2006).
63 Southern Hemisphere Engagement Network, Inc. v. Anti-Terrorism Council, supra note 58 at pp. 174-175;
Automotive Industry Workers Alliance v. Romulo, 489 Phil. 710, 719; 449 SCRA 1, 11 (2005); Gonzales v.
Narvasa, 392 Phil. 518, 525; 337 SCRA 733, 741 (2000).

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solve the issue presented before it.64 Moreover, this issue is of paramount interest,65 which
further justifies a liberal stance on standing.
Propriety of the Remedies
The present action is a petition for prohibition, certiorari, injunction, restraining order
and all other legal, just and equitable reliefs.
It has been held that the remedies of prohibition and injunction are preventive and, as
such, cannot be availed of to restrain an act that is already fait accompli.66Where the act
sought to be prohibited or enjoined has already been accomplished or consummated,
prohibition or injunction becomes moot.67
Nevertheless, even if the principal issue is already moot, this Court may still resolve its
merits for the future guidance of both bench and bar. Courts will decide a question
otherwise moot and academic if it is “capable of repetition, yet evading review.”68

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64 Francisco, Jr. v. House of Representatives, supra note 57 at pp. 897-898; p. 138.
65 A congressional inquiry was conducted in connection with the 2009 National Artists controversy. The
general public, not only the arts and culture community, also weighed in on the issue especially in connection with
the conferment of the Order of National Artists on the late Fernando Poe, Jr. and the clamor for the late Rodolfo
“Dolphy” V. Quizon to be conferred the said Order.
66 Guerrero v. Domingo, G.R. No. 156142, March 23, 2011, 646 SCRA 175, 179. See also Montes v. Court of
Appeals, 523 Phil. 98, 110; 489 SCRA 432, 439 (2006).
67 See Caneland Sugar Corporation v. Alon, 559 Phil. 462, 466-467; 533 SCRA 28, 33 (2007); Bernardez v.
Commission on Elections, G.R. No. 190382, March 9, 2010, 614 SCRA 810, 820.
68 Caneland Sugar Corporation v. Alon, id.

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It is an opportune time for the Court to assert its role as republican schoolmaster,69 a
teacher in a vital national seminar.70 There are times when the controversy is of such
character that, to prevent its recurrence and to assure respect for constitutional limitations,
this Court must pass on the merits of a case.71 This is one such case. More than being a
teaching moment, this is not the first time that the Order of National Artists was conferred
in the manner that is being assailed in this case.72 If not addressed here and now, there is
great probability that the central question involved in this case will haunt us again in the
future. Every President may invoke absolute presidential prerogative and thrust upon us
National Artists after his or her own heart, in total disregard of the advise of the CCP and
the NCCA and the voice of the community of artists, resulting to repeated episodes of
indignation and uproar from the artists and the public.
Furthermore, if not corrected, such an act would give rise to mischief and dangerous
precedent whereby those in the corridors of power could avoid judicial intervention and
review by merely speedily and stealthily completing the commission of an illegality.73

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69 Lerner, Ralph, The Supreme Court as Republican Schoolmaster, 1967 Sup. Ct. Rev. 127.
70 Rostow, Eugene, The Democratic Character of Judicial Review, 66 Harv. L. Rev. 193 (1952).
71 Rufino v. Endriga, 528 Phil. 473, 489; 496 SCRA 13, 47 (2006).
72 Both petitioners and respondents admit in their pleadings that the Order of National Artists was confered by
former Presidents Fidel V. Ramos and Joseph Ejercito Estrada on artists who had not been recommended by the

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NCCA and CCP Boards. (See p. 14 of Memorandum of petitioners, Rollo, p. 672 and pp. 11-13 of Comment of
public respondents, Rollo, pp. 156-158.)
73 See Tan v. Commission on Elections, 226 Phil. 624, 638; 142 SCRA 727, 741 (1986).

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In any event, the present petition is also for certiorari and there is no procedural bar for
the Court to pass upon the question of whether the proclamations of respondents Guidote-
Alvarez, Caparas, Mañosa and Moreno as National Artists were attended by grave abuse of
presidential discretion.
Limits of the President’s Discretion
The respective powers of the CCP Board of Trustees and of the NCCA Board of
Commissioners with respect to the conferment of the Order of National Artists are clear.
They jointly administer the said award and, upon their recommendation or advice, the
President confers the Order of National Artists.
To “recommend” and to “advise” are synonymous. To “recommend” is “to advise or
counsel.”74To “advise” is “to give an opinion or counsel, or recommend a plan or course of
action; also to give notice. To encourage, inform or acquaint.”75 “Advise” imports that it is
discretionary or optional with the person addressed whether he will act on such advice or
not.76 This has been clearly explained in Cojuangco, Jr. v. Atty. Palma:77

The “power to recommend” includes the power to give “advice, exhortation or indorsement,
which is essentially persuasive in character, not binding upon the party to whom it is
made.” (Emphasis supplied.)

Thus, in the matter of the conferment of the Order of National Artists, the President may
or may not adopt the recommendation or advice of the NCCA and the CCP Boards. In

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74 BLACK’S LAW DICTIONARY (6th edition), p. 1272, citing Kirby v. Nolte, 351 Mo. 525, 173 S.W.2d 391.
75 Id., at p. 54.
76 Id.
77501 Phil. 1, 10; 462 SCRA 310, 321 (2005).

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other words, the advice of the NCCA and the CCP is subject to the President’s discretion.
Nevertheless, the President’s discretion on the matter is not totally unfettered, nor the
role of the NCCA and the CCP Boards meaningless.
Discretion is not a free-spirited stallion that runs and roams wherever it pleases but is
reined in to keep it from straying. In its classic formulation, “discretion is not unconfined
and vagrant” but “canalized within banks that keep it from overflowing.”78
The President’s power must be exercised in accordance with existing laws. Section 17,
Article VII of the Constitution prescribes faithful execution of the laws by the President:

Sec. 17. The President shall have control of all the executive departments, bureaus and
offices. He shall ensure that the laws be faithfully executed. (Emphasis supplied.)

The President’s discretion in the conferment of the Order of National Artists should be
exercised in accordance with the duty to faithfully execute the relevant laws. The faithful
execution clause is best construed as an obligation imposed on the President, not a separate
grant of power.79 It simply underscores the rule of law and, corollarily, the cardinal
principle that the President is not above the laws but is obliged to obey and execute
them.80This is precisely why the law provides that “[a]dministrative or executive acts,
orders and

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78 Panama Refining Co. v. Ryan, 293 U.S. 388 (1935), Cardozo, J., dissenting.
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79 Tribe, Lawrence, AMERICAN CONSTITUTIONAL LAW, Vol. I (2000 edition), p. 713.
80 Justice Dante O. Tinga made a similar point in his dissenting opinion in Rufino v. Endriga, supra note 71 at
p. 530; p. 91.

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regulations shall be valid only when they are not contrary to the laws or the Constitution.”81
In this connection, the powers granted to the NCCA and the CCP Boards in connection
with the conferment of the Order of National Artists by executive issuances were
institutionalized by two laws, namely, Presidential Decree No. 208 dated June 7, 1973 and
Republic Act No. 7356. In particular, Proclamation No. 1144 dated May 15, 1973
constituted the CCP Board as the National Artists Awards Committee and tasked it to
“administer the conferment of the category of National Artist” upon deserving Filipino
artists with the mandate to “draft the rules to guide its deliberations in the choice of
National Artists”:

Proclamation No. 1001 dated April 27, 1972, creating the Award and Decoration of National
Artist, is hereby amended by creating a National Artists Awards Committee, hereinafter
to administer the conferment of the category of National Artist upon those deserving
thereof. The Committee, which shall be composed of members of the Board of Trustees of
the Cultural Center of the Philippines, shall organize itself immediately and shall draft the
rules to guide its deliberations in the choice of National Artists, to the end that those who
have created a body of work in the arts and in letters capable of withstanding the test of time
will be so recognized. (Emphases supplied.)

The authority of the CCP Board of Trustees as National Artists Awards Committee was
reiterated in Presidential Decree No. 208 dated June 7, 1973.
The function of the CCP Board of Trustees as National Artists Awards Committee has
been recognized under Republic Act No. 7356:

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81 CIVIL CODE, Article 17.

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Sec. 18. The National Cultural Agencies.—The [NCCA] shall coordinate with the
national cultural agencies including but not limited to the Cultural Center of the Philippines,
the Institute of Philippine Languages, the National Historical Institute, the National Library,
the National Museum, the Records Management and Archives Office. However, they shall
continue operating under their respective charters or as provided by law where
provisions therein are not inconsistent with the provisions of this Act. They shall serve
as the national repository and/or showcase, as the case may be, of the best of Philippine
culture and arts. For this purpose, these agencies shall submit periodic reports, including
recommendations to the [NCCA]. (Emphasis supplied.)

On the other hand, the NCCA has been given the following mandate in connection with
the conferment of cultural or arts awards:

Sec. 12. Mandate.—The Commission is hereby mandated to formulate and implement

policies and plans in accordance with the principles stated in Title 1 of this Act.
(a) To encourage the continuing and balanced development of a pluralistic culture by the
people themselves, it shall:
xxxx
(4) extend recognition of artistic achievement through awards, grants and services to
artists and cultural groups which contribute significantly to the Filipino’s cultural
legacy;
xxxx

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Sec. 13. Powers and Functions.—To carry out its mandate, the Commission shall exercise the
following powers and functions:
xxxx

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(j) advise the President on matters pertaining to culture and the arts, including the
creation of a special decoration or award, for persons who have significantly contributed to
the development and promotion of Philippine culture and arts;
(k) promulgate rules, regulations and undertake any and all measures as may be
necessary to implement this Act[.] (Emphases supplied.)

By virtue of their respective statutory mandates in connection with the conferment of the
National Artist Award, the NCCA and the CCP decided to work together and jointly
administer the National Artist Award. They reviewed the guidelines for the nomination,
selection and administration of the National Artist Award, created a National Artist Award
Secretariat, centralized all financial resources and management for the administration of the
National Artist Award, and added another layer to the selection process so that more
members of the arts and culture sector of the Philippines may be involved and participate in
the selection of National Artists.
We have held that an administrative regulation adopted pursuant to law has the force and
effect of law.82 Thus, the rules, guidelines and policies regarding the Order of National
Artists jointly issued by the CCP Board of Trustees and the NCCA pursuant to their
respective statutory mandates have the force and effect of law. Until set aside, they are
binding upon executive and administrative agencies,83 including the President
himself/herself as chief executor of laws. In this

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82 Spouses Almeda v. Court of Appeals, 326 Phil. 309, 321; 256 SCRA 292, 304 (1996).
83 Agpalo, Ruben, ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS AND ELECTION LAW (2005 edition), p. 72.

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connection, Section 2.5(A) of the Implementing Rules and Regulations84 of Executive

Order No. 236, s. 2003 provides:

2.5: General Guidelines for Awards Committees

A.  National Orders of Cultural and Scientific Merit
The existing modalities of the NCCA for selecting recipients for the Order of National
Artists, and the Gawad sa Manlilikha ng Bayan, and of the NAST for selecting recipients of
the Order of National Scientists, shall remain in force. (Emphases supplied.)

Section 2.4(A) of the same implementing rules further states:

2.4: Awards Committees

There shall be two types of awards committees: the Committee on Honors and the various
awards committees in the various units of the government service.
A. The Committee on Honors
The Committee on Honors serves as a National Awards Committee. It is composed of the
following:
The Executive Secretary, Chairman
The Secretary of Foreign Affairs, Vice-Chairman
Head, Presidential Management Staff, member
Presidential Assistant for Historical Affairs, member
Chief of Presidential Protocol, member
Chief of Protocol, DFA, member
All nominations from the various awards committees must be submitted to the Committee
on Honors via the Chancellery of Philippine Orders and State Decorations. The Chancellery

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shall process nominations for the consideration of the Committee on Honors. The
Committee

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84Approved under MEMORANDUM ORDER NO. 128 dated December 23, 2003.

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on Honors shall screen and recommend these nominations to the President.

The Committee on Honors shall, as a general rule, serve as a screening committee to
ensure that nominations received from the various awards committees meet two tests:
that there has not been an abuse of discretion in making the nomination, and that the
nominee is in good standing. Should a nomination meet these criteria, a
recommendation to the President for conferment shall be made.
The President of the Philippines takes the recommendations of the Committee on Honors in
the highest consideration when making the final decision on the conferment of awards.
(Emphasis supplied.)

Pursuant to the above provision of the implementing rules of Executive Order No. 236,
s. 2003, the authority of the Committee on Honors is limited to determining whether the
nominations submitted by a particular awards committee, in this case, the joint NCCA and
CCP Boards, have been tainted by abuse of discretion, and whether the nominees are in
good standing. Should the nominations meet these two criteria, the Committee on Honors
shall make a recommendation to the President for conferment of the Order of National
Artists.
In view of the various stages of deliberation in the selection process and as a
consequence of his/her duty to faithfully enforce the relevant laws, the discretion of the
President in the matter of the Order of National Artists is confined to the names submitted
to him/her by the NCCA and the CCP Boards. This means that the President could not have
considered conferment of the Order of National Artists on any person not considered and
recommended by the NCCA and the CCP Boards. That is the proper import of the
provision of Executive Order No. 435, s. 2005, that the NCCA and the CCP “shall advise
the President on the conferment of the Order of National Artists.” Applying this to the
instant case, the former President could not have properly considered re-

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spondents Guidote-Alvarez, Caparas, Mañosa and Moreno, as their names were not
recommended by the NCCA and the CCP Boards. Otherwise, not only will the stringent
selection and meticulous screening process be rendered futile, the respective mandates of
the NCCA and the CCP Board of Trustees under relevant laws to administer the conferment
of Order of National Artists, draft the rules and regulations to guide its deliberations,
formulate and implement policies and plans, and undertake any and all necessary measures
in that regard will also become meaningless.
Furthermore, with respect to respondent Guidote-Alvarez who was the Executive
Director of the NCCA at that time, the Guidelines expressly provides:

6.5    NCCA and CCP Board members and consultants and NCCA and CCP officers and staff are
automatically disqualified from being nominated.85

Respondent Guidote-Alvarez could not have even been nominated, hence, she was not
qualified to be considered and conferred the Order of National Artists at that time. The
President’s discretion on the matter does not extend to removing a legal impediment or
overriding a legal restriction.
From the foregoing, the advice or recommendation of the NCCA and the CCP Boards as
to the conferment of the Order of National Artists on Conde, Dr. Santos, Francisco and
Alcuaz was not binding on the former President but only discretionary or optional for her
whether or not to act on such advice or recommendation. Also, by virtue of the power of
control, the President had the authority to alter or modify or nullify or set aside such
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recommendation or advice. It was well within the President’s power and discretion to
proclaim all, or some or even none of the recommendees of the CCP and the NCCA
Boards, without having to justify his or her action.

_______________
85 Rollo, p. 142.

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316 SUPREME COURT REPORTS ANNOTATED

National Artist for Literature Virgilio Almario, et al. vs. The Executive Secretary

Thus, the exclusion of Santos did not constitute grave abuse of discretion on the part of the
former President.
The conferment of the Order of National Artists on respondents Guidote-Alvarez,
Caparas, Mañosa and Moreno was an entirely different matter.
There is grave abuse of discretion when an act is (1) done contrary to the Constitution,
the law or jurisprudence or (2) executed whimsically, capriciously or arbitrarily, out of
malice, ill will or personal bias.86
There was a violation of the equal protection clause of the Constitution87 when the
former President gave preferential treatment to respondents Guidote-Alvarez, Caparas,
Mañosa and Moreno. The former President’s constitutional duty to faithfully execute the
laws and observe the rules, guidelines and policies of the NCCA and the CCP as to the
selection of the nominees for conferment of the Order of National Artists proscribed her
from having a free and uninhibited hand in the conferment of the said award. The manifest
disregard of the rules, guidelines and processes of the NCCA and the CCP was an arbitrary
act that unduly favored respondents Guidote-Alvarez, Caparas, Mañosa and Moreno. The
conferment of the Order of National Artists on said respondents was therefore made with
grave abuse of discretion and should be set aside.
While the Court invalidates today the proclamation of respondents Guidote-Alvarez,
Caparas, Mañosa and Moreno as

_______________
86 Doromal v. Biron, G.R. No. 181809, February 17, 2010, 613 SCRA 160, 172; St. Mary of the Woods
School, Inc. v. Office of the Registry of Deeds of Makati City, G.R. No. 174290, January 20, 2009, 576 SCRA 713,
727; Information Technology Foundation of the Philippines v. Commission on Elections, 464 Phil. 173; 419 SCRA
141 (2004).
87 Sec. 1, Art. III of the Constitution provides that “No person shall be deprived of life, liberty or property
without due process of law, nor shall any person be deprived the equal protection of the laws.”

317

VOL. 701, JULY 16, 2013 317

National Artist for Literature Virgilio Almario, et al. vs. The Executive Secretary

National Artists, such action should not be taken as a pronouncement on whether they are
worthy to be conferred that honor. Only the President, upon the advise of the NCCA and
the CCP Boards, may determine that. The Court simply declares that, as the former
President committed grave abuse of discretion in issuing Proclamation Nos. 1826 to 1829
dated July 6, 2009, the said proclamations are invalid. However, nothing in this Decision
should be read as a disqualification on the part of respondents Guidote-Alvarez, Caparas,
Mañosa and Moreno to be considered for the honor of National Artist in the future, subject
to compliance with the laws, rules and regulations governing said award.
WHEREFORE, the petition is hereby GRANTED in PART. Proclamation Nos. 1826
to 1829 dated July 6, 2009 proclaiming respondents Cecile Guidote-Alvarez, Carlo Magno
Jose Caparas, Francisco Mañosa, and Jose Moreno, respectively, as National Artists are
declared INVALID and SET ASIDE for having been issued with grave abuse of discretion.
SO ORDERED.

Sereno (CJ.), Carpio, Velasco, Jr., Peralta, Bersamin, Abad, Villarama, Jr., Perez,
Mendoza, Reyes and Perlas-Bernabe, JJ., concur.
Brion, J., On leave.

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Del Castillo and Leonen, JJ., No part.

Petition granted in part, Proclamation Nos. 1826 to 1829 dated July 6, 2009
proclaiming respondents Cecile Guidote-Alvarez, Carlo Magno Jose Caparas, Francisco
Mañosa and Jose Moreno as National Artists declared invalid and set aside.

318

318 SUPREME COURT REPORTS ANNOTATED

National Artist for Literature Virgilio Almario, et al. vs. The Executive Secretary

  Note.—Mere speculation, unsupported by convincing evidence, cannot establish

discrimination on the part of the prosecution and the denial to the accused of the equal
protection of the laws. (People vs. Dumloa. 580 SCRA 409 [2009])
Quite often, the petitioner in a public action sues as a citizen or taxpayer to gain Lucos
standi, which is not suprising, for even if the issue may appear to concern only the public in
general, such capacities nonetheless equip the petitioner with adequate interest to sue. (De
Castro vs. Judicial and Bar Council, 615 SCRA 666 [2010])
――o0o―― 

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