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Flores vs. Drilon – Donna Talledo June 22, 1993 Bellosillo, J. A. FACTS Petitioners are assailing the constitutionality of Sec.

13, par.(d), of RA 7227 (“Bases Conversion and Development Act of 1992”) By virtue of RA 7227, respondent Richard Gordon, then Mayor of Olongapo City, was appointed Chairman and Chief Executive of Subic Bay Metropolitan Authority (SBMA) Petitioners maintain that the proviso on Sec. 13, par.(d), of RA 7227 infringes on the following constitutional and statutory provisions: Provision (a) Sec. 7, par 1, of Article IX-B of the Constitution

“…no elective official shall be eligible for appointment or designation in any capacity to any office of position during his tenure” (b) Sec. 16, Article VII of the Constitution “…the President shall… appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized to appoint” (c) Sec. 261, par. (g) of the Omnibus Election Code - pertains to the prohibition on appointment during the period of 45 days before a regular election

Violation - Because the City Mayor of Olongapo City is an elective official and the subject posts are public offices - Because it was the Congress, through the questioned proviso, who appointed the Mayor to the subject posts

- Because the appointment on April 3, 1992 was within the 45-day period prior to the May 11, 1992 elections

B. ISSUE: W/N the proviso on Sec. 13, par. (d) of RA 7227 violates the Constitutional proscription against appointment or designation of elective officials to other government posts C. HELD: YES. “The basic idea is to prevent a situation where a local elective official will work for his appointment in an executive position in government, and thus neglect his constituents..” D. RATIO: There is a clear-cut difference in the wording of the 2 paragraphs of Sec 7, Art IX-B of the Constitution: Par (1): More stringent than the prohibition in Par (2) because it does not provide any exception to the rule against appointment or designation of an elective official to other gov’t posts Par (2): Authorizes holding of multiple offices by an appointive official when allowed by law or by the primary functions of his position This distinction was purposely sought by the drafters of the Constitution

Other Arguments: PETITIONERS A. The SBMA posts are merely ex officio to the position of the City Mayor, hence, an exception to the prohibition Civil Liberties Union vs. Exec. Sec.: - The prohibition does not include additional duties required by the primary functions of the officials concerned, who are to perform them in an ex officio capacity… COURT - Congress did not contemplate making the subject SBMA posts as ex officio or automatically attached to the office of the City Mayor without need of appointment - The phrase “shall be appointed” shows the intent to make the posts appointive and not merely adjunct to the post of the Mayor

although he really has no choice under the law but to appoint the Mayor of Olongapo City .When the qualifications can only be met by one individual. par (d) vests in the President the power to appoint.The choice of the appointee is a fundamental component of the appointing power . hence NULL and VOID . such enactment effectively eliminates the discretion of the appointing power to choose .B. Legislative encroachment on the appointing power of the President .It is manifestly an abuse of congressional authority Remedy for Gordon: He may resign first from his elective post to cast off the constitutionally-attached disqualification before he may be considered fit for appointment The proviso in question was declared UNCONSTITUTIONAL and the appointment of Gordon was held INVALID.Sec 13.