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  • Case Digest Milton Vs Springer.

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    anawim famadico
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    The Supreme Court ruled that the President of the Senate and Speaker of the House of Representatives unlawfully encroached on the powers of the executive branch when they voted to elect members to the board of directors of the National Coal Company. According to the Organic Act of 1916 and principles of separation of powers, the Governor-General has the sole power to appoint officers, with the consent of the Senate. By vesting the voting power in the legislative leaders, the law creating the coal company was unconstitutional. The court therefore ousted the board members elected by the legislative leaders.

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    Milton Vs. Spirnger

    Original Title

    Case Digest Milton vs Springer.

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    The Supreme Court ruled that the President of the Senate and Speaker of the House of Representatives unlawfully encroached on the powers of the executive branch when they voted to elect members to the board of directors of the National Coal Company. According to the Organic Act of 1916 and principles of separation of powers, the Governor-General has the sole power to appoint officers, with the consent of the Senate. By vesting the voting power in the legislative leaders, the law creating the coal company was unconstitutional. The court therefore ousted the board members elected by the legislative leaders.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    118 views2 pages

    Case Digest Milton Vs Springer.

    Uploaded by

    anawim famadico
    The Supreme Court ruled that the President of the Senate and Speaker of the House of Representatives unlawfully encroached on the powers of the executive branch when they voted to elect members to the board of directors of the National Coal Company. According to the Organic Act of 1916 and principles of separation of powers, the Governor-General has the sole power to appoint officers, with the consent of the Senate. By vesting the voting power in the legislative leaders, the law creating the coal company was unconstitutional. The court therefore ousted the board members elected by the legislative leaders.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    Government of the Philippine Islands

    Vs

    Milton E. Springer, Dalamacio Coltas, and Anselmo Hilario

    G.R No. L-26979 | April 1, 1927

    Nature of the Case: Executive and Legislative Power

    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.)

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