Springer Vs Philippine Islands Case Digest
Facts – Springer Vs Philippine Islands Case Digest
Philippine Legislature amended the act appointing the officials of certain corporations organized under the legislative authority of the Philippine Islands. It stripped the Governor-General of the power to appoint and gave this among themselves in the legislature.
RELATED
Issue
Whether the Legislative body has the power to appoint officials of corporations organized under the legislative authority of the Philippines.
Ruling
No.
Legislative power, as distinguished from executive power, is the authority to make laws, but not to enforce them or appoint the agents charged with the duty of such enforcement.
The latter are executive functions.
We have no hesitancy in concluding that so much of section 4 of Act No. 2705, as amended by section 2 of Act No. 2822, purports to vest the voting power of the government-owned stock in the National Coal Company in the President of the Senate and the Speaker of the House of Representatives, is unconstitutional and void.
It results, therefore, in the demurrer being overruled, and as it would be impracticable for the defendants to answer, judgment shall be rendered ousting and excluding them from the offices of directors of the National Coal company. So ordered, without costs.
