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Rufino v. Endriga, 496 SCRA 13

Domato, Junaid E.

Facts: Two consolidated petitions for review on certiorari under rule 45 of the 1997
rules of civil procedure. First case, GR No. 139554, represented by the Solicitor General,
collectively known as the RUFINO group seeks to set aside the Decision of the Court of
Appeals and the Resolution denying the motion for the reconsideration.
CAs decision (to be set aside)
1. Declaring petitioners, ENDRIGA group to have a clear right to their respective
offices elected by the CCP board up to expiration of 4-year term
2. Ousting respondents, Rufino group, except respondent Tantoco, from their
respective offices and excluding them therefrom
3. Dismissing case against Tantoco
Second case, GR No. 139565, the Endriga group, seeks to assail the Resolution issued
by the Court of Appeals in same case insofar as it denied their Motion for Immediate
Execution of the Decision. History of PD 15: Marcos In 1966, Marcos created EO 30
Creation of the Cultural Center of the Philippines as a trust governed by a Board of
Trustees of 7 members to preserve and promote Philippine culture. The original
founding trustees were all pointed by Pres. Marcos.
In 1972, after declaration of Martial Law - Pres. Marcos issued PD 15 which converted CCP into a
non-municipal public corporation free from the pressure or influence of politics and
increased 7 members to 9. EO 1058 issued in 1985 increased 9 to 11.Aquino - 1986, after
People Power Resolution, Aquino asked incumbent CCP trustees for courtesy
resignation and appointed new trustees to the Board. Ramos - started Endriga group

Estrada - appointed 7 new trustees to CCP board with term of 4 years to replace the
Endriga group, except for Tantoco. Thus Rufino group took respective oaths of office and
assumed performance of their duties in 1999.Endriga vs. Estrada
Endriga group files Petition for Quo Warranto questioning Pres. Estradas appointment
of 7 new member of CCP board.
Alleged that under Sec. 6 (b) of PD 15 vacancies of the CCP Board shall be filled by
Election by majority vote of trustees held at next regular meeting - only when the board
is entirely vacant may the President of the Phil. fill such vacancies, acting in
consultation with ranking officers of CCP. In the case at bar, only one seat was vacant due
to Ma Osas expiration term.
4-year term: Endriga group maintained that under CCP Charter, the trustees fixed 4-year term
can only be terminated by reason of resignation, incapacity, death, or other cause thus
Pres. action was unnecessary because 10 incumbent trustees had the statutory power to fill up
by election any vacancy of the board.
Sec. 3 of PD 15 - Endriga refuses to accept CCP is under the supervision and control of the
President as Sec. 3 states shall enjoy autonomy of policy and operation

Issue: w/n Section 6(b) of PD 15 is unconstitutional considering that:

A. [it] is an invalid delegation of the President's appointing power under the Constitution;
B. [it] effectively deprives the President of his constitutional power of control and
supervision over the CCP

Held: Unconstitutional. CAs decision: declared Endriga group lawfully entitled to hold
office as CCP trustees and ousting Rufino group from board.