GOVERNMENT v.

SPRINGER
No. 26979
April 1, 1927

DOCTRINE: POWER TO APPOINT; COMMISSION ON APPOINTMENTS; NATURE OF THE

APPOINTING POWER
 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
o Under a system' of government of delegated powers, under which delegation
legislative power vests in the Philippine Legislature and executive power vests
in the Governor-General, and under which delegation a general power of
appointment resides in the Governor-General and a specified power of
appointment resides in the Philippine Legislature, the latter cannot directly or
indirectly perform functions of an executive nature through the designation of
its presiding officers as majority members of a body which has executive
functions.

FACTS:
 The National Coal Company is a corporation organized by virtue of Act No. 2705 and of
the Corporation Law
o By the terms of the charter of the corporation, the Governor-General was
directed to subscribe on behalf of the Government for at 51% of the capital of
the corporation.
o The Government eventually became the owner of more than ninety-nine per
cent of the thirty thousand outstanding shares of stock of the National Coal
Company
 Only nineteen shares stand in the names of private individuals
 A special meeting of the stockholders

ISSUE:

HELD: