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    Funa Vs Ermita

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    Janskie Mejes Bendero Leabris
    This case involves a challenge to the constitutionality of Maria Elena Bautista's concurrent positions as Undersecretary of the Department of Transportation and Communications and as Officer-in-Charge of the Maritime Industry Authority. The petitioner argues this violates the constitutional prohibition on holding multiple offices. The court ruled that Bautista failed to demonstrate that her designation as OIC was in an ex-officio capacity related to her primary duties as Undersecretary, as required. The court also noted Bautista as Undersecretary is not a member of the Maritime Industry Board. The court found Bautista's concurrent positions to be unconstitutional.

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    Funa Vs Ermita

    Uploaded by

    Janskie Mejes Bendero Leabris
    1K views2 pages
    This case involves a challenge to the constitutionality of Maria Elena Bautista's concurrent positions as Undersecretary of the Department of Transportation and Communications and as Officer-in-Charge of the Maritime Industry Authority. The petitioner argues this violates the constitutional prohibition on holding multiple offices. The court ruled that Bautista failed to demonstrate that her designation as OIC was in an ex-officio capacity related to her primary duties as Undersecretary, as required. The court also noted Bautista as Undersecretary is not a member of the Maritime Industry Board. The court found Bautista's concurrent positions to be unconstitutional.

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    Consti 2

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    Funa vs Ermita

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    This case involves a challenge to the constitutionality of Maria Elena Bautista's concurrent positions as Undersecretary of the Department of Transportation and Communications and as Officer-in-Charge of the Maritime Industry Authority. The petitioner argues this violates the constitutional prohibition on holding multiple offices. The court ruled that Bautista failed to demonstrate that her designation as OIC was in an ex-officio capacity related to her primary duties as Undersecretary, as required. The court also noted Bautista as Undersecretary is not a member of the Maritime Industry Board. The court found Bautista's concurrent positions to be unconstitutional.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views2 pages

    Funa Vs Ermita

    Uploaded by

    Janskie Mejes Bendero Leabris
    This case involves a challenge to the constitutionality of Maria Elena Bautista's concurrent positions as Undersecretary of the Department of Transportation and Communications and as Officer-in-Charge of the Maritime Industry Authority. The petitioner argues this violates the constitutional prohibition on holding multiple offices. The court ruled that Bautista failed to demonstrate that her designation as OIC was in an ex-officio capacity related to her primary duties as Undersecretary, as required. The court also noted Bautista as Undersecretary is not a member of the Maritime Industry Board. The court found Bautista's concurrent positions to be unconstitutional.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    DENNIS A. B.

    FUNA
    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)

    G.R. No. 184740 February 11, 2010

    FACTS:

    On October 4, 2006, PGMA appointed respondent, Maria Elena H. Bautista, as


    Undersecretary of the Department of Transportation and Communications (DOTC). She
    was designated as Undersecretary for Maritime Transport of the department under
    Special Order No. 2006-171 dated October 23, 2006.

    On September 1, 2008, following the resignation of then MARINA Administrator


    Vicente T. Suazo, Jr., Bautista was designated as Officer-in-Charge, Office of the
    Administrator, MARINA, in concurrent capacity as DOTC Undersecretary.

    Dennis A. B. Funa in his capacity as taxpayer, concerned citizen and lawyer, 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.

    On January 5, 2009, during the pendency of this petition, Bautista was appointed
    Administrator of the MARINA vice Vicente T. Suazo, Jr. and she assumed her duties and
    responsibilities as such on February 2, 2009.

    Petitioner argues that Bautista’s concurrent positions as DOTC Undersecretary


    and MARINA OIC is in violation of Section 13, Article VII of the 1987 Constitution. He
    further contends that even if Bautista’s appointment or designation as OIC of MARINA
    was intended to be merely temporary, still, such designation must not violate a standing
    constitutional prohibition. Petitioner likewise asserts the incompatibility between the posts
    of DOTC Undersecretary and MARINA Administrator. The reason is that with respect to
    the affairs in the maritime industry, the recommendations of the MARINA may be the
    subject of counter or opposing recommendations from the Undersecretary for Maritime
    Transport. In this case, the DOTC Undersecretary for Maritime Transport and the OIC of
    MARINA have become one (1) and the same person.

    ISSUE:
    Whether or not the designation of the respondent falls under the prohibition against
    multiple offices imposed by Section 13, Article VII of the 1987 Constitution.
    RULING:

    Since the evident purpose of the framers of the 1987 Constitution is to impose a
    stricter prohibition on the President, Vice-President, members of the Cabinet, their
    deputies and assistants with respect to holding multiple offices or employment in the
    government during their tenure, the exception to this prohibition must be read with equal
    severity. On its face, the language of Section 13, Article VII is prohibitory so that it must
    be understood as intended to be a positive and unequivocal negation of the privilege of
    holding multiple government offices or employment. Verily, wherever the language used
    in the constitution is prohibitory, it is to be understood as intended to be a positive and
    unequivocal negation.

    Respondent’s 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 court further ruled that respondents’ submission that her designation as OIC
    of MARINA was merely an imposition of additional duties related to her primary position
    as DOTC Undersecretary for Maritime Transport. It appears that the DOTC
    Undersecretary for Maritime Transport is not even a member of the Maritime Industry
    Board.

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