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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