Dante Liban v Richard Gordon
G.R. No. 175352
Petitioner: Dante V. Liban, Reynaldo M. Bernardo, Salvador
M. Viari
Respondent: Richard J. Gordon
Ponente: Carpio
Date: July 15, 2009
Petition: Petition to Declare Richard J. Gordon as Having
Forfeited His Seat in the Senate
Doctrine:
Section 13, Article VI of the Constitution
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. Neither shall he be
appointed to any office which may have been created nor the
emoluments thereof increased during the term for which he was
elected.
Recit-ready Digest:
Petitioners assail that the respondent, Sen. Richard Gordon, forfeited
and ceased his position as Senator of the Philippines as he accepted
his election as Chairman of the PNRC; thus, violating Sec. 13,
Article 6 of the Constitution. However, the Court proclaimed that the
said Sec. 17 is not applicable to the respondent as the PNRC is a
private entity (non-government owned) for the following reasons:
1. It is guided by the fundamental principles of being autonomous,
neutral and independent in relation to the State as a member of
the National Society of the International Red Cross and Red
Crescent Movement.
2. No government assets with the PNRC
3. The President does not appoint the PNRC Chairman
4. It is a privately owned and funded charitable organization.
Hence, the petition is found to be without MERIT.
Facts:
Petitioners are officers of the Board of Directors of the Quezon
City Red Cross Chapter while respondent is Chairman of the
Philippine National Red Cross (PNRC) Board of Governors.
During the incumbency of the petitioner as a member of the
Senate of the Philippines, he was elected Chairman of the
PNRC.
Petitioners allege that by accepting the chairmanship of the
PNRC, respondent has ceased to be a member of the Senate as
provided in Section 13, Article VI of the Constitution.
Petitioners cite Camporedondo v. NLRC, 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, which held that
incumbent national legislators lose their elective posts upon their
appointment to another government office.
Respondent assert that petitioners have no standing to this petition
whether it is an action for quo warranto, a taxpayer’s suit or a
petition for declaratory relief. Respondent further insists that the
PNRC is not a government –owned or controlled corporation and
that the prohibition under Section 13 Article IV does not apply since
volunteer service to the PNRC is neither an office nor an
employment.
Petitioner reply that the petition is a taxpayer’s suit questioning the
unlawful disbursement of funds, considering that respondent has
been drawing his salaries as a Senator even if he is no longer entitled
to his office and that this court has jurisdiction over the petition since
it involves a constitutional issue of transcendental importance.
Issues:
1.) W/N the Philippine National Red Cross is a government-owned
or controlled corporation
2.) W/N Section 13, Article VI of the Constitution applies to the
case of respondent who is Chairman of the PNRC and at the
same time a Member of the Senate
3.) W/N respondent should be automatically removed as a Senator
pursuant to Section 13, Article VI of the Constitution
4.) W/N petitioners may legally institute this petition against
respondent
Held:
1.) No. Republic Act No. 95 (Philippine National Red Cross
Charter) was ratified by then President Manuel A. Roxas.
The PNRC is a non-profit, donor-funded, voluntary
humanitarian organization, whose mission is to bring timely,
effective, and compassionate humanitarian assistance for the
most vulnerable without consideration of nationality, race,
religion, gender, social status, or political affiliation. Being a
member of the National Society of the International Red
Cross and Red Crescent Movement, it is guided by the
fundamental principles of being autonomous, neutral and
independent in relation to the State. Furthermore, the
government does not own PNRC nor does it have control
over PNRC as it does not have governmental assets and the
President does not appoint the PNRC Chariman. PNRC is
not part of the Executive branch of the government. Thus,
the PNRC is a privately own, privately funded, and privately
run charitable organization and not a GOCC
2.) No. Since the PNRC is not a government office nor an office
in a government-owned or controlled corporation, Section 13
of Article VI of the Constitution is not applicable to the
respondent and therefore the respondent did not forfeit his
seat in the senate
3.) No. As aforementioned, the respondent did not forfeit his
seat in the Senate as the PNRC is neither a government
office nor an office in a government-owned or controlled
corporation.
4.) No. The petition is an action for quo warranto, under Section
1(b), Rule 66 of the Rules of Court, as petitioners filed an
action for the usurpation of public office against respondent,
a public officer who allegedly committed an act which
constitutes a ground for the forfeiture of his public office.
Such action may be commenced by any individual who
claims to be entitled to the public office allegedly usurped by
another. Clearly petitioners do not claim to be entitled to the
Senate office of respondent, hence, petitioners have no
standing to file the petition.