MANILA, Philippines ? Malacanang asked the Supreme Court to dismiss the case questioning the inclusion of film director Carlos J. Caparas and three others in the 2009 list of National Artist awardees, arguing that the choice is already final.

In a comment submitted to the high tribunal, Solicitor General and acting Justice Secretary Agnes Devanadera said the petition filed by several national artists, members of the academe, and several groups is already moot and academic.

She explained that upon issuance of seven separate Presidential Proclamations declaring Caparas (Visual Arts and Film), Lazaro Francisco (Literature), Manuel Urbano (Film and Broadcast), Federico Aguilar Alcuaz (Visual Arts), Cecilia Guidote-Alvarez (Theater), Francisco Manosa (Architecture), and Jose ?Pitoy? Moreno (Fashion Design) as national artists, the award is in effect already given to them while presentation of gold medallion and the granting of the order through a ceremony is a mere formality.

For example, Devanadera said there is no actual ceremony held for the late action king Fernando Poe Jr. when he was proclaimed national artist. His family refused to accept the medallion and citation but since a proclamation had been issued declaring him as such, Devanadera said Poe is already considered a national artist.

?The issues raised in the petition are clearly moot and academic as private respondents have been declared national artists. No amount of melodramatic protests shall overturn this fact,? she said.

?The present petition is one for prohibition which is a preventive remedy. The act sought to be enjoined having taken place already, there is nothing more to restrain. The instant petition has therefore been unmade as a mere subject matter of purely theoretical interest,? she added.

The high court issued a status quo order last month enjoining Malacanang from issuing the order of National Artist while the question remains with the court.

Petitioners, including National Artists Virgilio Almario (literature), Bienvenido Lumbera (literature), Benedicto Cabrera (visual arts-painting), Napoleon Abueva (visual arts-sculpture), Arturo Luz (visual arts-painting and sculpture), lawyers, deans and professors, artists, and members of the Concerned Artists of the Philippines, said President Gloria Macapagal-Arroyo abused her discretion when she disregarded the screening process when she included her own choice of awardees.

Petitioners said proofs of President Arroyo?s abuse of discretion are: her disregard of the rigorous process for screening and selection of National Artists; her unexplained deletion of Dr. Ramon Santos as the only nominee for music; and her addition of the names of Alvarez, Manosa, Moreno, and Caparas to the list.

They said Alvarez, being executive director of the National Commission for Culture and Arts, is ineligible by law to become National Artist.

Petitioners also asked the high court for a definite definition of the discretion given to the President on the matter of naming awardees to the Order of National Artist as guidance for future selections.

The number of nominees for the order of National Artist started with 87 names including those of Caparas, Manosa, and Moreno. But when it was narrowed down to 13, the names of the three were excluded. The name of Alvarez was never included because she is disqualified under the law due to her position and because she was part of the committee that made the final deliberation of National Artist nominees.

Petitioners said President Arroyo has no discretionary right to appoint an awardee not chosen by the Cultural Center of the Philippines and the NCCA Boards.

?The recognition by the Office of the President of the importance of the recommendation by the CCP and later the NCCA Boards clearly militates against absolute and unlimited exercise of discretion by the President?it also militates against the disregard of the procedure designed and followed by the CCP and NCCA Boards in the selection of new National Artists.?

But the Solicitor General said petitioners failed to question the legality of the President?s proclamations in their petition, thus leaving them with no case against the respondents.

Devanadera also explained that Arroyo did not disregard the screening process because her decision was based on the recommendation of an Honors Committee that nominated Caparas, Manosa, Alvarez, and Moreno.

The Honors Committee which was created pursuant to Executive Order 236 is composed of the Executive Secretary, Secretary of Foreign Affairs, head of the Presidential Management Staff (PMS), Presidential Assistant for Historical Affairs, Chief Presidential Protocol and State Visits-Department of Foreign Affairs (DFA).

Devanadera said the vetting process of the Committee on Honors ?does not override but runs parallel? with the NCCA-CCP Board?s selection process. They also consulted experts and various organizations from different sectors.