Funa vs.

Executive Secretary

● Petition for certiorari prohibition and mandamus with prayer for the issuance of TRO to
declare as unconstitutional the designation of Bautista as OIC for MARINA
● On October 4, 2006, the president appointed Bautista as Undersecretary for DOTC
specifically Maritime Transport.
● On September 1, 2008 Suazo resigned as MARINA administrator, in which Bautista has
designated as OIC for MARINA, in concurrent capacity as DOTC Sec.
● October 21, 2008 Dennis Funa, taxpayers, concerned citizen and lawyer filed an instant
petition challenging the constitutionality of Bautista’s appointment.
● Petitioner argued that Bautista’s concurrent positions as DOTC undersecretary and Marina
OIC is in violation of Section 13, Article VII of the 1987 Constitution.
● Respondents argued that there was no violation of Section 13 Art. VII of the 1987
constitution because Bautista was merely designated and not appointed as MARINA
Administrator and was just temporary.
● Petition is granted and the occupancy of two offices by Bautista was declared
unconstitutional.
● Section 13 of Art. VII of the 1987 constitution prohibits members of the cabinets to hold
any other offices thus making the designation of Bautista as MARINA OIC
unconstitutional.