Funa Vs Executive Sec
Funa Vs Executive Sec
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.