Art. 6 Legislative Department D. Prohibitions

Art.
6 Legislative Department
d. Prohibitions
LIBAN v. GORDON
Petition to declare Senator Richard J. Gordon as having forfeited his seat in the Senate
FACTS:
Petitioners are officers of the Board of Directors of Quezon City Red Cross Chapter while Respondent is
Chairman of the Philippine National Red Cross (PNRC) Board of Governors.
Respondent Gordon was a member of the Senate of the Philippines when he was elected Chairman of
the PNRC during the meeting of the PNRC Board of Directors conducted on 23 February 2006.
Since Gordon accepted the chairmanship pf the PNRC Board of Governors, petitioners allege that he has
ceased to be a member of the Senate in accordance to Sec. 13 Article VI of the Constitution which reads:
SEC. 13. No Senator or Member of the House of Representatives may hold any other office or
employment in the Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected.
Petitioners assert that in Camporedondo v. NLRC it was held that PNRC is a government-owned or
controlled corporation (GOCC). Since Gordon accepted the position, petitioners claim that he has
automatically forfeited is seat in the Senate, pursuant to Flores v. Drilon which held that incumbent
national legislators lose their elective posts upon their appointment to another government office.
ISSUE:
WON respondent Gordon should be automatically removed as a Senator pursuant to Section 13, Article
VI of the Philippines Constitution- NO
RULING:
-Republic of the Philippines adhering to the Geneva Conventions, established PNRC as a voluntary
organization for the purpose contemplated in the Geneva Convention of 1929
-PNRC has to be autonomous and must operate in conformity with the Fundamental Principles of
Movement
-To be accepted by warring belligerents as neutral workers during international or internal armed
conflicts, PNRC volunteers must not be seen as belonging to any side of the armed conflict. In the
Philippines where there is a communist insurgency and a Muslim separatist rebellion, the PNRC cannot
be seen as government-owned or controlled and neither can the PNRC volunteers be identified as
government personnel or as instruments of government policy
-PNRC must not only be, but must also be seen to be, autonomous, neutral and independent in order to
conduct its activities in accordance with the Fundamental Principles. The PNRC must not appear to be an
instrument or agency that implements government policy; otherwise, it cannot merit the trust of all and
cannot effectively carry out its mission as a National Red Cross Society
-To ensure and maintain its autonomy, neutrality, and independence, PNRC cannot be owned or
controlled by the government and it is indeed not owned by the Philippines and is financed primarily
by contributions from private individuals and private entities obtained through solicitation campaigns
organized by its Board of Governors
-The President does not appoint the Chairman of the PNRC. Neither does the head of any department,
agency, commission or board appoint the PNRC Chairman. Thus, the PNRC Chairman is not an official
or employee of the Executive branch since his appointment does not fall under Section 16, Article VII
of the Constitution
-PNRC Chairman is not an official or employee of the Judiciary or Legislature, whereas positions in
PNRC is not an official or employee of the Philippine Government. Not being a government official or
employee, the PNRC Chairman, as such, does not hold a government office or employment
WHEREFORE, we declare that the office of the Chairman of the Philippine National Red Cross is not a
government office or an office in a government-owned or controlled corporation for purposes of the
prohibition in Sec. 13, Art VI of the Constitution.

Art. 6 Legislative Department D. Prohibitions

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