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  • Funa Vs Executive Sec

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    Mary Grace Cabidog Dangtayan
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    1) Petitioner Dennis Funa challenged the constitutionality of Maria Elena Bautista's concurrent positions as DOTC Undersecretary and OIC of MARINA, arguing it violated the constitutional prohibition on Cabinet members holding multiple offices. 2) Respondents argued the case was moot since Bautista was now the MARINA Administrator and no longer the DOTC Undersecretary. 3) The Supreme Court ruled Bautista's designation as MARINA OIC while DOTC Undersecretary was unconstitutional and void, granting the petition.

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    Funa vs Executive Sec

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    1) Petitioner Dennis Funa challenged the constitutionality of Maria Elena Bautista's concurrent positions as DOTC Undersecretary and OIC of MARINA, arguing it violated the constitutional prohibition on Cabinet members holding multiple offices. 2) Respondents argued the case was moot since Bautista was now the MARINA Administrator and no longer the DOTC Undersecretary. 3) The Supreme Court ruled Bautista's designation as MARINA OIC while DOTC Undersecretary was unconstitutional and void, granting the petition.

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    31 views2 pages

    Funa Vs Executive Sec

    Uploaded by

    Mary Grace Cabidog Dangtayan
    1) Petitioner Dennis Funa challenged the constitutionality of Maria Elena Bautista's concurrent positions as DOTC Undersecretary and OIC of MARINA, arguing it violated the constitutional prohibition on Cabinet members holding multiple offices. 2) Respondents argued the case was moot since Bautista was now the MARINA Administrator and no longer the DOTC Undersecretary. 3) The Supreme Court ruled Bautista's designation as MARINA OIC while DOTC Undersecretary was unconstitutional and void, granting the petition.

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    of 2

    FUNA vs.

    EXECUTIVE SECRETARY

    Dangtayan, Mary Grace, C.


    Bokiagon, Lex Ford, L.
    FUNA vs. EXECUTIVE SECRETARY

    FACTS:

    On October 4, 2006, President Gloria Macapagal Arroyo appointed respondent Maria Elena H. Bautista
    (Bautista) as Undersecretary of the Department of Transportation and Communications (DOTC).

    On September 1, 2008, following the resignation of then MARINA Administrator Vicente T. Suazo, Jr.,
    Bautista was designated as Officer-in-Charge (OIC), Office of the Administrator, MARINA, in concurrent
    capacity as DOTC Undersecretary.

    On October 21, 2008, 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 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 .

    On the other hand, the respondents argue that the requisites of a judicial inquiry are not present in this
    case. In fact, there no longer exists an actual controversy that needs to be resolved in view of the
    appointment of respondent Bautista as MARINA Administrator effective February 2, 2009 and the
    relinquishment of her post as DOTC Undersecretary for Maritime Transport, which rendered the present
    petition moot and academic. Petitioner’s prayer for a temporary restraining order or writ of preliminary
    injunction is likewise moot and academic since, with this supervening event, there is nothing left to enjoin.

    Issue

    Whether or not 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.

    Decision

    WHEREFORE, the petition is GRANTED. 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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