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    Liban V Gordon

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    April Joy Omboy
    The Supreme Court ruled that Richard Gordon did not forfeit his Senate seat by being elected Chairman of the Philippine National Red Cross (PNRC) Board of Governors. While the PNRC is neither a government agency nor government-owned and controlled corporation, it has a special status as an important partner of the government in humanitarian efforts based on international commitments. The Court acknowledged that the PNRC Charter is void for establishing it as a private corporation, which is beyond Congress' power, but recognized that it cannot refuse to acknowledge the PNRC's existence since its constitutionality was never challenged by the parties.

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    Liban V Gordon

    Uploaded by

    April Joy Omboy
    22 views1 page
    The Supreme Court ruled that Richard Gordon did not forfeit his Senate seat by being elected Chairman of the Philippine National Red Cross (PNRC) Board of Governors. While the PNRC is neither a government agency nor government-owned and controlled corporation, it has a special status as an important partner of the government in humanitarian efforts based on international commitments. The Court acknowledged that the PNRC Charter is void for establishing it as a private corporation, which is beyond Congress' power, but recognized that it cannot refuse to acknowledge the PNRC's existence since its constitutionality was never challenged by the parties.

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    Liban v Gordon.docx

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    The Supreme Court ruled that Richard Gordon did not forfeit his Senate seat by being elected Chairman of the Philippine National Red Cross (PNRC) Board of Governors. While the PNRC is neither a government agency nor government-owned and controlled corporation, it has a special status as an important partner of the government in humanitarian efforts based on international commitments. The Court acknowledged that the PNRC Charter is void for establishing it as a private corporation, which is beyond Congress' power, but recognized that it cannot refuse to acknowledge the PNRC's existence since its constitutionality was never challenged by the parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    22 views1 page

    Liban V Gordon

    Uploaded by

    April Joy Omboy
    The Supreme Court ruled that Richard Gordon did not forfeit his Senate seat by being elected Chairman of the Philippine National Red Cross (PNRC) Board of Governors. While the PNRC is neither a government agency nor government-owned and controlled corporation, it has a special status as an important partner of the government in humanitarian efforts based on international commitments. The Court acknowledged that the PNRC Charter is void for establishing it as a private corporation, which is beyond Congress' power, but recognized that it cannot refuse to acknowledge the PNRC's existence since its constitutionality was never challenged by the parties.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    DANTE V. LIBAN, et al. v. RICHARD GORDON G.R. No.

    175352, 18 January 2011, EN BANC (Leonardo-De


    Castro, J.)

    Facts:

    Liban, et al. filed with the Supreme Court a Petition to Declare Richard J. Gordon as Having Forfeited His
    Seat in the Senate for having been elected Chairman of the Philippine National Red Cross (PNRC) Board
    of Governors during his incumbency as Senator in violation of Sec. 3, Article VI of the Constitution. It was
    advanced by Liban, et al. that the PNRC is a GOCC. Formerly, the Court held that the office of the PNRC
    Chairman is NOT a government office or an office in a GOCC for purposes of the prohibition in Sec. 13,
    Article VI of the 1987 Constitution. Therefore, Gordon did not forfeit his legislative seat. The Court,
    however, held further that the PNRC Charter (R.A 95) is void insofar as it creates the PNRC as a private
    corporation which the Congress cannot create. Hence, it directed the PNRC to incorporate under the
    Corporation Code and register with the Securities and Exchange Commission.

    ISSUE: What is the nature of PNRC?

    RULING: The PNRC’s structure is sui generis. Although the PNRC is neither a subdivision, agency, or
    instrumentality of the government, nor a GOCC or a subsidiary thereof, such a conclusion does not ipso
    facto imply that the PNRC is a “private corporation” within the contemplation of the provision of the
    Constitution that must be organized under the Corporation Code. In sum, the PNRC enjoys a special
    status as an important ally and auxiliary of the government in the humanitarian field in accordance with
    its commitments under international law. This Court cannot all of a sudden refuse to recognize its
    existence, especially since the issue of the constitutionality of the PNRC Charter was never raised by the
    parties

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