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    Dennis Funa v. Executive Secretary, February 11, 2010

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    Maan Laspinas
    Respondent Maria Elena H. Bautista was designated as Undersecretary of the Department of Transportation and Communications (DOTC) and concurrently as Officer-in-Charge of the Maritime Industry Authority (MARINA) Administrator. Petitioner challenged this designation, arguing it violated the constitutional prohibition against Cabinet members and their deputies holding multiple offices. The Supreme Court ruled the designation was unconstitutional since the MARINA Administrator position was not ex-officio to the DOTC Undersecretary role, and respondents did not demonstrate the MARINA role was required by the primary functions of the Undersecretary position. The Court declared Bautista's concurrent designations null and void.

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    Dennis Funa v. Executive Secretary, February 11, 2010

    Uploaded by

    Maan Laspinas
    23 views1 page
    Respondent Maria Elena H. Bautista was designated as Undersecretary of the Department of Transportation and Communications (DOTC) and concurrently as Officer-in-Charge of the Maritime Industry Authority (MARINA) Administrator. Petitioner challenged this designation, arguing it violated the constitutional prohibition against Cabinet members and their deputies holding multiple offices. The Supreme Court ruled the designation was unconstitutional since the MARINA Administrator position was not ex-officio to the DOTC Undersecretary role, and respondents did not demonstrate the MARINA role was required by the primary functions of the Undersecretary position. The Court declared Bautista's concurrent designations null and void.

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    8. Dennis Funa v. Executive Secretary, February 11, 2010

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    Respondent Maria Elena H. Bautista was designated as Undersecretary of the Department of Transportation and Communications (DOTC) and concurrently as Officer-in-Charge of the Maritime Industry Authority (MARINA) Administrator. Petitioner challenged this designation, arguing it violated the constitutional prohibition against Cabinet members and their deputies holding multiple offices. The Supreme Court ruled the designation was unconstitutional since the MARINA Administrator position was not ex-officio to the DOTC Undersecretary role, and respondents did not demonstrate the MARINA role was required by the primary functions of the Undersecretary position. The Court declared Bautista's concurrent designations null and void.

    Copyright:

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

    Dennis Funa v. Executive Secretary, February 11, 2010

    Uploaded by

    Maan Laspinas
    Respondent Maria Elena H. Bautista was designated as Undersecretary of the Department of Transportation and Communications (DOTC) and concurrently as Officer-in-Charge of the Maritime Industry Authority (MARINA) Administrator. Petitioner challenged this designation, arguing it violated the constitutional prohibition against Cabinet members and their deputies holding multiple offices. The Supreme Court ruled the designation was unconstitutional since the MARINA Administrator position was not ex-officio to the DOTC Undersecretary role, and respondents did not demonstrate the MARINA role was required by the primary functions of the Undersecretary position. The Court declared Bautista's concurrent designations null and void.

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    © All Rights Reserved
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    of 1

    DENNIS A. B. FUNA, Petitioner vs.

    EXECUTIVE SECRETARY EDUARDO R. ERMITA, et.al., respondents.


    (G.R. No. 184740 February 11, 2010)

    Facts

    1. Respondent Maria Elena H. Bautista (Bautista) was designated by the President as


    Undersecretary of the Department of Transportation and Communications (DOTC).
    Bautista was then designated as Officer-in-Charge MARINA Administrator, in
    concurrent capacity as DOTC Undersecretary.

    2. Petitioner filed the instant petition challenging the constitutionality of Bautista’s


    appointment/designation, which is proscribed by the prohibition on the President, Vice-
    President, the Members of the Cabinet, and their deputies and assistants to hold any
    other office or employment. He contends that the position of MARINA Administrator is
    not ex-officio to the post of DOTC Undersecretary.

    Issue: Whether the designation of respondent Bautista as OIC of MARINA, concurrent


    with the position of DOTC Undersecretary for Maritime Transport to which she had been
    appointed, violated the constitutional proscription against dual or multiple offices for
    Cabinet Members and their deputies and assistants.

    Ruling:

    Yes. Respondent Bautista being then the appointed Undersecretary of DOTC, she was
    thus covered by the stricter prohibition under Section 13, Article VII and consequently
    she cannot invoke the exception provided in Section 7, paragraph 2, Article IX-B where
    holding another office is allowed by law or the primary functions of the position. Neither
    was she designated OIC of MARINA in an ex-officio capacity, which is the exception
    recognized in Civil Liberties Union.

    The prohibition against holding dual or multiple offices or employment under Section 13,
    Article VII of the 1987 Constitution was held inapplicable to posts occupied by the
    Executive officials specified therein, without additional compensation in an ex-officio
    capacity as provided by law and as required by the primary functions of said office. The
    reason is that these posts do not comprise "any other office" within the contemplation of
    the constitutional prohibition but are properly an imposition of additional duties and
    functions on said officials.30 Apart from their bare assertion that respondent Bautista
    did not receive any compensation when she was OIC of MARINA, respondents failed to
    demonstrate clearly that her designation as such OIC was in an ex-officio capacity as
    required by the primary functions of her office as DOTC Undersecretary for Maritime
    Transport.

    The designation of respondent Ma. Elena H. Bautista as Officer-in-Charge, Office of the


    Administrator, Maritime Industry Authority, in a concurrent capacity with her position as
    DOTC Undersecretary for Maritime Transport, is hereby declared unconstitutional for
    being violative of Section 13, Article VII of the 1987 Constitution and therefore, null and
    void.

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