The Supreme Court (SC) was asked Wednesday to stop the conferment of the title of the Order of National Artists, disbursement of cash rewards, and hold the acknowledgement ceremonies on Cecile Guidote-Alvarez, Theater; Carlos Caparas, Visual Arts; Jose Moreno, Architecture, Design and Allied Arts (Fashion Design); and Francisco Manosa, Architecture, Design and Allied Arts (Architecture).

Among those who filed the petition were National Artists Virgilio Almario (Literature), Bienvenido Lumbera (Literature) Benedicto Cabrera (Visual Arts, Painting) Napoleon Abueva (Visual Arts, Sculpture), and Arturo Luz (Painting and Sculpture).

Named respondents in the petition were Executive Secretary Eduardo Ermita, Department of Budget and Management (DBM), Cultural Center of the Philippines (CCP), National Commission on Culture and the Arts (NCAA), Caparas, Alvarez, Moreno and Manosa.

The petition, filed by several National Artists, university deans, professors, and private individuals told the SC that President Arroyo committed a grave abuse of discretion when she disregarded the results of the rigorous selection process and inserted the names of Alvarez, Moreno, Caparas, and Manosa in the shortlist submitted by the NCAA and the CCP boards for proclamation as 2009 Order of National Artists.

The petitioners said the President violated the constitutional provision on equal protection when she included Alvarez’s name in the shortlist although the latter was not nominated and subjected to screening process by the National Artist Award Experts Panel.

“The exercise of discretion which violates the equal protection clause results in a void act. Thus, the President’s act of naming respondent Alvarez to the list of “National Artists” for 2009 is null and void for being discriminatory and in violation of the equal protection guarantee,” they said.

They pointed out that Alvarez’s inclusion in the shortlist is “clearly illegal and unethical” because of her disqualification as incumbent executive director of the NCAA and also the President’s adviser on Culture of Arts.

“What is notable is that she even sat as a member of the Final Deliberation Panel. This makes her inclusion in the final list all the more irregular and patently illegal,” the petitioners added.

According to the petition, from the original list of 87 nominees — where respondents Caparas, Manosa and Moreno were included — the list was shortened to 32, with Caparas and Manosa’s names now removed and with Moreno’s name still in the list.

It stated that on May 6, 2009, the final deliberation was conducted by the CCP and NCCA boards and from the 13 nominees, a list of four names was submitted to the President.

Recommended by the boards to be named 2009 National Artists were Manuel Conde (posthumous), Film and Broadcast Arts; Dr. Ramon Santos, Music; Lazaro Francisco (posthumous), Literature; and Federico Aguilar Alcuaz, Visual Arts.

But the petition stated that on July 29, 2009, Secretary Ermita announced that the Order of the National
Artists would be conferred on seven persons, three from the final list submitted by CCP and NCCA -- with Santos dropped from the final list – with the inclusion of Caparas, Moreno, Manosa and Alvarez.

The petition stated that Ermita’s announcement did not include an explanation why Santos was dropped from the final list and did not state the justification for the inclusion of Caparas, Moreno, Manosa and Alvarez.