EN BANC

DANTE V. LIBAN, REYNALDO M. BERNARDO, and SALVADOR M. VIARI, Petioner

VS.
RICHARD J. GORDON, Respondent.
G.R. NO. 175352, July 15, 2009

CARPIO, J.

FACTS:

The petitioners, filed with this Court a Petition to Declare Richard J. Gordon as having
forfeited his seat in the Senate for being elected Chairman of the Philippine National
Red Cross (PNRC) during the 23 February 2006 meeting of the PNRC Board of
Governors while still an incumbent member of the Senate of the Philippines.

Petitioners also cited Camporedondo Vs. NLRC, which held that the PNRC is a
government-owned or controlled corporation.

The respondent asserts that petitioners have no standing to file this petition which
appears to be an action for quo warranto and further insists that the PNRC is not a
government-owned or controlled corporation and that the prohibition under Section 13,
Article VI of the Constitution does not apply in the present case since volunteer service
to the PNRC is neither an office nor an employment.

ISSUE:

Whether or not the Office of the Philippine National Red Cross Chairman is a
government office or an office in a government-owned or controlled corporation.

RULING:

The Court finds the petition without merit. Petitioners have no standing to file this
petition.

The Court held 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. However, since the PNRC Charter is
void insofar as it creates the PNRC as a private corporation, the PNRC should
incorporate under the Corporation Code and register with the Securities and Exchange
Commission if it wants to be a private corporation.

Wherefore, the Court 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. The Court also declare that Sections 1,2,3,4(a),5,6,7,8,9,10,11,12, and 13
of the Charter of the Philippine National Red Cross, or Republic Act No. 95, as
amended by Presidential Decree Nos. 1264 and 1263, are void because they create the
PNRC as a private corporation or grant it corporate powers.

PRINCIPLE:

PNRC is a Private Organization Performing Public Functions

The Republic of the Philippines, adhering to the Geneva Conventions, established the
PNRC as a voluntary organization for the purpose contemplated in the Geneva
Convention of 27 July 1929.

On 22 March 1947, President Manuel A. Roxas signed Republic Act No. 95 otherwise
known as the pNrc Charter. The PNRC is a non-profit, donor-funded, voluntary,
humanitarian organization, whose mission is to bring timely, effective, and
compassionate humanitarian assistance for the mose vulnerable without consideration
of nationality, race, religion, gender, social status, or political affiliation. The PNRC
provides six major services: Blood Services, Disaster management, Safety Services,
Community health and Nursing, Social Services and Voluntary Service.

To ensure and maintain its autonomy, neutrality, and independence, the PNRC 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 Chapter:

Section 11. As a national voluntary organization, the Philippine national Red

Cross shall be financed primarily by contributions obtained through solicitations
campaigns throughout the year which shall be organized by the Board of Governors and
conducted by the Chapters in their respective jurisdictions. These fund raising
campaigns shall be conducted independently of other fund drives by other
organizations. (Emphasis supplied)