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Rufino vs.

Endriga
GR No 139554, July 21 2006
EN BANC

CASE MAIN POINT:
Appointing authority may be given to other officials than the President provided the
appointment is in a rank lower than the appointing official.
(ARTICLE 7, SECTION 16: APPOINTING POWER CAN BE VESTED IN OTHER
OFFICIALS)

FACTS:
Two groups of appointed members of the Board of Trustees of CCP are
contesting each others appointment. The Endriga group, sitting as current
members, was appointed by then-President Ramos and is assailing the appointment
of the Rufino group, replacing all 7 members of the Endriga group, by then-
President Estrada.
Endriga group avers that the appointment into the Board of the Rufino group
transgressed PD 15 creation of Board of Trustees of CCP. As stated in PD 15,
specifically Section 6, appointment into the Board shall only be made by a majority
vote of the trustees; presidential appointments can only be made when the Board is
entirely vacant to uphold the CCPs charter of independence from pressure or
politics.
Meanwhile, Rufino group stands by their appointment since the provision on
appointments stated in Section 6, PD 15 is violative of Section 16, Article 7 of the
Constitution. The Board cannot invoke the charter of autonomy to extend to
appointment of its members.

ISSUE:
Whether or not PD 15, Section 6 allowing appointments made by trustees of
their fellow members is constitutional

HELD:
No, PD 15, Section 6 allowing appointments of members by the trustees
themselves is UNCONSTITUTIONAL.

While it is stated that appointing powers may be delegated by the President,
such power is limited in scope to include only ranks lower than the appointing
authority.
In the case, an appointment of a member made by a fellow member
transgresses Article 7, Section 16 (1) since both positions are equal in nature. CCP
cannot invoke autonomy prescribed in its charter as an exemption from the
limitation of delegative appointing power because such invocation puts CCP outside
the control of the President.