LIBAN V.
GORDON To ensure and maintain its autonomy, neutrality, and independence, the PNRC
G.R. No. 175352
DANTE V. LIBAN, REYNALDO M. BERNARDO, and SALVADOR M. VIARI, Petitioners,
vs.
RICHARD J. GORDON, Respondent.
CARPIO, J.:
FACTS:
During respondent Gordon’s incumbency as a member of the Senate of the
Philippines, he was elected Chairman of the PNRC. Petitioners Liban et al. allege that by
accepting the chairmanship of the PNRC Board of Governors, respondent has ceased to be
a member of the Senate as provided in Section 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…..
Petitioners cite Camporedondo v. NLRC (370 Phil. 90), which held that the PNRC is
a government-owned or controlled corporation. Petitioners claim that in accepting and
holding the position of Chairman of the PNRC Board of Governors, respondent has
automatically forfeited his seat in the Senate, pursuant to Flores v. Drilon (223 SCRA 568),
which held that incumbent national legislators lose their elective posts upon their
appointment to another government office.
ISSUES:
1. Whether or not the Philippine National Red Cross (PNRC) is a government- owned or
controlled corporation?
2. Whether Section 13, Article VI of the Philippine Constitution applies to the case of
respondent who is Chairman of the PNRC and at the same time a Member of the
Senate?
3. Whether respondent should be automatically removed as a Senator pursuant to
Section 13, Article VI of the Philippine Constitution?
RULING NO. 1: No, the Philippine National Red Cross (PNRC) is not a government- owned or
controlled corporation.
cannot be owned or controlled by the government. Indeed, the Philippine government
does not own the PNRC. The PNRC does not have government assets and does not receive
any appropriation from the Philippine Congress. The PNRC is financed primarily by
contributions from private individuals and private entities obtained through solicitation
campaigns organized by its Board of Governors, as provided under Section 11 of the PNRC
Charter:
PNRC is a Private Organization Performing Public Functions. In order to be
recognized as a National Society, the PNRC has to be autonomous and must operate in
conformity with the Fundamental Principles of the National Society of the Movement.
RULING NO. 2: No, Section 13, Article VI of the Philippine Constitution does not apply to the
case of respondent.
The PNRC Chairman is not appointed by the President or by any subordinate
government official. 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. Certainly, the PNRC Chairman is not an official or employee of the
Judiciary or Legislature. This leads us to the obvious conclusion that the PNRC Chairman 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.
In sum, we hold that the office of the PNRC Chairman is not a government office or
an office in a government-owned or controlled corporation for purposes of the prohibition
in Section 13, Article VI of the 1987 Constitution.
RULING NO. 3: No, respondent should be automatically removed as a Senator.
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 Section 13, Article VI of the 1987
Constitution.