GR 184740; (February, 2010) (Digest)
G.R. No. 184740 February 11, 2010
DENNIS A. B. FUNA, Petitioner, vs. EXECUTIVE SECRETARY EDUARDO R. ERMITA, Office of the President, SEC. LEANDRO R. MENDOZA, in his official capacity as Secretary of the Department of Transportation and Communications, USEC. MARIA ELENA H. BAUTISTA, in her official capacities as Undersecretary of the Department of Transportation and Communications and as Officer-in-Charge of the Maritime Industry Authority (MARINA), Respondents.
FACTS
On October 4, 2006, President Gloria Macapagal-Arroyo appointed respondent Maria Elena H. Bautista as Undersecretary of the Department of Transportation and Communications (DOTC). On September 1, 2008, following the resignation of the MARINA Administrator, Bautista was designated as Officer-in-Charge (OIC) of the Maritime Industry Authority (MARINA), concurrently with her position as DOTC Undersecretary. Petitioner Dennis A. B. Funa, as a taxpayer, concerned citizen, and lawyer, filed a petition challenging the constitutionality of this designation, arguing it violated Section 13, Article VII of the 1987 Constitution , which prohibits the President, Vice-President, Members of the Cabinet, and their deputies and assistants from holding any other office or employment. During the pendency of the petition, on January 5, 2009, Bautista was appointed as the permanent Administrator of MARINA, and she assumed the post on February 2, 2009, relinquishing her position as DOTC Undersecretary.
ISSUE
Whether or not the designation of respondent Bautista as OIC of MARINA, concurrent with her position as DOTC Undersecretary for Maritime Transport, violated the constitutional proscription against dual or multiple offices for Cabinet Members and their deputies and assistants.
RULING
Yes, the designation violated Section 13, Article VII of the 1987 Constitution . The Supreme Court held that the prohibition applies to Cabinet members, their deputies, and assistants, and is aimed at preventing conflicts of interest and ensuring a separation of powers. The Court ruled that the position of MARINA Administrator is not an ex-officio position of the DOTC Undersecretary, as it is a distinct office requiring a separate appointment. The designation as OIC, even if temporary, still constitutes “holding” an office within the constitutional prohibition. The fact that Bautista did not receive additional compensation for the OIC role is immaterial, as remuneration is not an element of the violation. The Court further found that the positions are incompatible, as the Undersecretary for Maritime Transport exercises administrative supervision over MARINA, creating a conflict where the same person would be reviewing her own actions. The subsequent appointment of Bautista as permanent Administrator and her relinquishment of the Undersecretary post did not render the petition moot, as the issue is capable of repetition yet evading review. The petition was granted, and the designation was declared unconstitutional.