Sunday, July 21, 2013

High court strips conferment on National Artists

FOUR NATIONAL Artist awards granted by then president Gloria Macapagal-Arroyo have been struck down by the Supreme Court (SC) which found grave abuse of discretion in the conferment of the titles, a decision welcomed by past awardees who have waged a four-year legal battle on the issue.

The high court declared as invalid the National Artist titles of Cecile Guidote-Alvarez (theater), Carlo Magno Jose Caparas (visual arts), Francisco “Bobby” Mañosa (architecture) and Jose “Pitoy” Moreno (fashion design) for violation of the Constitution’s equal protection clause, particularly on the preferential treatment accorded to them by Mrs. Arroyo.

“The manifest disregard of the rules, guidelines and processes of the [National Commission for Culture and the Arts] and the [Cultural Center of the Philippines] was an arbitrary act that unduly favored respondents Guidote-Alvarez, Caparas, Mañosa and Moreno,” a Supreme Court press statement yesterday quoted the decision as saying.

On the other hand, the high court did not find grave abuse of discretion in the exclusion of Dr. Ramon P. Santos in the final list of conferees announced by Malacañang in 2009 as the recommendations of the National Commission for Culture and the Arts (NCCA) and Board of Trustees of the Cultural Center of the Philippines (CCP) were “not binding but only discretionary.”

Except for three justices -- Arturo D. Brion is on leave while Mariano C. del Castillo and Mario Victor F. Leonen inhibited themselves from the case -- the rest of the high court voted to strip the conferment on the four awardees.

A group of artists led by National Artist for Literature Virgilio S. Almario filed a petition for prohibition in August 2009 following the insertion by the Palace of the four individuals among the seven new National Artists despite not being recommended by the NCCA and the CCP. The court shortly issued a stay order.

The other three awardees were Manuel “Manuel Conde” P. Urbano for film and broadcast arts (posthumous), Lazaro A. Francisco for literature (posthumous), and Federico Aguilar Alcuaz for visual arts, paintings, sculpture and mixed media.

The CCP and NCCA submitted four names to the Palace, but only three individuals were retained. Mr. Santos was removed from the list, while four were added to include Ms. Alvarez who was then executive director of the NCCA.

Sought for comment, Mr. Almario said in a text message yesterday: “Ano pa sasabihin ko? [What else can I say?] Hail SC!”

National Artist for Visual Arts Benedicto “BenCab” Cabrera said in a separate text: “Well. I’m glad that our petition was favorably answered. SC realized it’s an abuse of discretion and made the award to them invalid.”

Messrs. Almario and Cabrera were among the National Artist petitioners that included Arturo Luz (Visual Arts), Bienvenido Lumbera (Literature), Napoleon Abueva (Sculpture), F. Sionil Jose (Literature) and the late Eddie Romero (Film and Broadcast Arts).

National Artists receive 100,000 net of taxes for living awardees, 75,000 net of taxes for posthumous awardees payable to legal heirs; a monthly life pension, medical and hospitalization benefits; life insurance coverage for those who are still insurable, arrangements and expenses for a state funeral, and a place of honor at national state functions and recognition at cultural events.

A creation of President Ferdinand E. Marcos through a proclamation issued in 1972, the Order of National Artists is the highest national recognition for Filipinos who have made significant contributions to the arts. The process has a nomination and vetting system, even as awardees to the final list have been added by presidents after Corazon C. Aquino.

A new category called “Historical Literature was created by President Fidel V. Ramos in 1997 for biographer Carlos Quirino, President Joseph E. Estrada in 2000 conferred the title to his friend Ernani Cuenco, Sr., while Mrs. Arroyo in 2003 included in the list Alejandro “Ding” Roces, former Education secretary under the administration of her father, President Diosdado P. Macapagal, and added another awardee, sculptor Abdulmari Imao, in 2006.

In a previous interview, Mr. Almario called the presidential prerogative “DNA” or Dagdag (additional) National Artist.


source:  Businessworld

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