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Case Digest Milton Vs Springer.
Case Digest Milton Vs Springer.
Vs
Supreme Court’s Decision: The President of the Senate and the Speaker of the House of the
Representatives unlawfully encroached the powers of the Executive Department on the faithful execution
of the law. Therefore, the defendants in this case were ousted. Vesting of the voting power to the
President of the Senate and Speaker of the House of Representatives were void and unconstitutional.
Legal Doctrine: Separation of Powers. The Organic Act of 1916 or Jones Law.
Facts: The National Coal Company is a corporation organized and existing by virtue of Acts No. 2705, as
amended by Act No. 2822, and of the Corporation law. The Government owned 99% of the stocks. Section
4 of the said Act 2705, as amended by Section 2 of Act 2822, provides that:
"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."
On 6 December 1926, a special meeting of the stock holders of the National Coal Company was called for
the purpose of electing directors and transactions of other business. The Governor-General acknowledged
receipt but declined to participate. The PoS and SOHR invited the GG to convene a meeting 30-minutes
prior to the special meeting but the GG declined. It was there then that the two decided on who should
the votes be casted.
The chair recognized the President of the Senate and the Speaker of the House of Representatives in their
capacity as majority members of the voting committee as the persons lawfully entitled to represent and
vote the Government stock. To this the representative of the Governor- General made protest and
demanded that it be entered of record in the minutes. Chairman declared that Alberto Barretto, Frank B.
Ingersoll, Milton E. Springer, Dalmacio Costas, and Anselmo Hilario had each received a majority of the
votes cast and that said persons had been duly elected as members of the Board of Directors of the
National Coal Company. The contention of the Government is, that Romarico Agcaoili, H. L. Heath and
Salvador Lagdameo had been duly and legally elected as members of the Board of Directors by the vote
of the Governor-General, and that Milton E. Springer, Dalmacio Costas, and Anselmo Hilario had not been
duly and legally elected as members of the Board of Directors by the vote of the President of the Senate
and the Speaker of the House of Representatives, and that they should be ousted and altogether excluded
from their office.
Issue: Whether or not the respondents were legally elected as members of the Board and if Section 2 of
Act 2822, is constitutional.
Held: No. The Organic Act of August 29, 1916, included what follows on the subject of appointments. The
governor-General "shall, unless otherwise herein provided, appoint, by and with the consent of the
Philippine Senate, such officers as may now be appointed by the Governor-General, or such as he is
authorized by law to appoint." (Organic Act, sec. 21.) Whereas Milton Springer, Dalamacio Costas, and
Anselmo Hilario, were appointed by the PoS and SOHR.
The Legislature has provided for the creation of the National Coal Company but unlawfully provided that
two of its members to sit in the committee.
The right to appoint to office has been confided, with certain well defined exceptions, by the Government
of the United States to the executive branch of the government which it has set up in the Philippines.
The Administrative Code provides the following: "In addition to his general supervisory authority, the
Governor-General shall have such specific powers and duties as are expressly conferred or imposed onhim
by law and also, in particular, the powers and duties set forth," including th special powers and duties "(a)
To nominate and appointofficials, conformably to law, to positions in the service of the Government of
the Philippine Islands. (b) To remove officials from office conformably to law and to declare vacant the
offices held by such removed officials. For disloyalty to the Government of theUnited States, the
Governor-General may at any time remove a personfrom any position of trust or authority under the
Government of the Philippine Islands." (Sec. 64 [a], [b].) The Administrative Code lists the officers
appointable by the Governor-General. (Sec. 66.)