G.R. No. 175352 , July 15, 2009
DANTE V. LIBAN, REYNALDO M. BERNARDO, and SALVADOR M. VIARI, Petitioners, vs. RICHARD J. GORDON, Respondent.

FACTS

Petitioners, officers of the Quezon City Red Cross Chapter, filed a petition to declare Senator Richard J. Gordon as having forfeited his Senate seat. They alleged that by accepting and holding the elected position of Chairman of the Philippine National Red Cross (PNRC) Board of Governors during his Senate term, respondent violated Section 13, Article VI of the 1987 Constitution . This constitutional provision prohibits Senators and House Members from holding any other government office or employment, including in government-owned or controlled corporations, during their term without forfeiting their seat. Petitioners relied on Camporedondo v. NLRC, which characterized the PNRC as a government-owned or controlled corporation, and Flores v. Drilon, which ruled on automatic forfeiture.
Respondent countered that petitioners lacked legal standing, characterizing the petition as an improper and time-barred quo warranto action. He argued that the PNRC is not a government-owned or controlled corporation and that his PNRC chairmanship constitutes uncompensated volunteer service, not an “office or employment” contemplated by the constitutional prohibition. He also challenged the petition’s form, suggesting it could not be treated as a taxpayer’s suit or declaratory relief.

ISSUE

The core issue is whether the office of the PNRC Chairman constitutes a government office or an office in a government-owned or controlled corporation, thereby triggering the prohibition under Section 13, Article VI of the Constitution against a sitting Senator holding another government post.

RULING

The Supreme Court dismissed the petition. The Court first resolved the procedural issue, holding that the petition was essentially an action for quo warranto under Section 1, Rule 66 of the Rules of Court, as it sought to declare a forfeiture of office based on an alleged unlawful act. However, petitioners lacked standing to file such an action, as they did not claim any right to the Senate seat themselves. The Court also found the action was barred by prescription, not being filed within the one-year period from the alleged cause of forfeiture.
On the substantive constitutional question, the Court ruled that the PNRC is a unique international humanitarian organization. While created by a state charter (Presidential Decree No. 1264, as amended) and performing public functions, it is not a government-owned or controlled corporation under the constitutional prohibition. The Court emphasized that the PNRC maintains its autonomy, neutrality, and independence as required by international humanitarian law. Its Chairman and Governors serve without government compensation, and the organization is not subject to government control as contemplated for typical state corporations. Therefore, the PNRC chairmanship is not the type of “office or employment” prohibited by Section 13, Article VI of the Constitution . Consequently, Senator Gordon did not automatically forfeit his Senate seat by virtue of his PNRC service.