50 Phil 259 G.R. No. L-26979 April 1 1927 [Appointing Power of the Chief Executive]
FACTS:
Spinger, Costas and Hilario were elected to be the directors
of the Nat'l Coal Company by the legislative members (Senate President and
Speaker of the HoR) of the committee
created by Acts. No. 2705(Sec 4) and 2822 (Sec 2). The GPI instituted an
original action of quo warranto against the newly appointed directors, assailing
the validity of the said acts which provide: "The voting power of all such stock (in the National Coal Company)
owned by the Government of the Philippine Islands shall be vested exclusively
in a committee consisting of the Governor-General, the President of the Senate,
and the Speaker of the House of Representatives."
Reference was made therein that the provisions of the
statutes passed by the Phil. Legislature creating a voting committee or board
of control, and enumerating the duties and powers thereof with respect to
certain corporation in which the Philippine Gov is the owner of stock, are
nullities.
ISSUE:
Whether or not the Phil Legislature has the power to appoint
officials.
RULING:
Sec. 22 of the
Organic Act, "That all executive
functions of the government must be directly under the Governor-General or
within one of the executive departments under the supervision and control of
the Governor-General." At the
very least, the performance of duties appurtenant to membership in the voting
committee is an executive function on the Government, which the Organic Act
requires must be subject to the unhampered control of the Government-General.
The administrative domination of a governmentally organized and controlled
corporation is clearly not a duty germane to the law-making power.
