National Artists ask court to stop awards

By Tetch Torres
INQUIRER.net
First Posted 12:28:00 08/19/2009

MANILA, Philippines — National Artists on Wednesday asked the Supreme Court to stop Malacanang from conferring this year’s National Artist awards, pointing out that President Gloria Macapagal-Arroyo abused her discretion when she disregarded the screening process in including her own choice of awardees.

In their 38-page petition, the petitioners also urged the high court to issue a temporary restraining order against the release of cash awards that comes with the conferment of the title.

Petitioners included National Artists for Literature Virgilio Almario and Bienvenido Lumbera, and National Artists for Visual Arts (painting) Benedicto Cabrera, (sculpture) Napoleon Abueva, and (painting and sculpture) Arturo Luz.

Co-petitioners were lawyers, deans, and professors, and artists and members of the Concerned Artists of the Philippines.

They asked the high court to declare as grave abuse of discretion on the part of President Arroyo the inclusion of the names of Cecille Guidote-Alvarez, Francisco Manosa, Jose Moreno, and Carlos Caparas in the recipient list of National Artist awards, as well as the deletion of the name of Dr. Ricardo Santos.

“Petitioners National Artists Almario, Cabrera, Lumbera, Abueva, and Luz have the right under the due process clause of the 1987 Constitution to not have the honor they have been conferred with diminished because of an irregular and questionable award made by the President to the four private respondents,” the petition read.

“Part of the due process guarantee under the 1987 Constitution is that the right to life shall not be deprived without due process of law. The right to life contemplates not only the right to exist but the right to have everything that makes that life meaningful; this would include being able to enjoy the fruits of one’s labor as well as to be acclaimed by your peers and to have the just recognition for a life’s labors. By diminishing and making suspect the entire process of choosing National Artists, the President’s exercise of discretion violates petitioners’ rights under Article III, section 1 of the 1987 Constitution,” petitioners, through their counsel Theodore Te and Marvic Leonen told the high court.

Petitioners said proofs of President Arroyo’s abuse of discretion are: her disregard of the rigorous process for screening and selection of National Artists; the unexplained deletion of Dr. Ramon Santos as the only nominee for music; and the addition of the names of Alvarez, Manosa, Moreno, and Caparas.

They said Alvarez, being Executive Director of the National Commission for Culture and Arts is ineligible by law to become National Artist.

Petitioners also asked the high court for a definite definition of the discretion given to the President on the matter of naming awardees to the Order of National Artist as guidance for future selections.

For this year’s awardees, the number of nominees started with 87 names, including the names of Caparas, Manosa, and Moreno. But when it was narrowed down to 13, the names of the three were excluded. The name of Alvarez was never included because she is disqualified under the law due to her position as part of the committee that made the final deliberations of National Artist nominees.

Petitioners said President Arroyo has no discretionary right to appoint an awardee not chosen by the Cultural Center of the Philippines and the NCCA boards.

“The recognition by the Office of the President of the importance of the recommendation by the CCP and later the NCCA Boards clearly militates against absolute and unlimited exercise of discretion by the President—it also militates against the disregard of the procedure designed and followed by the CCP and NCCA boards in the selection of new National Artists,” they said.

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