G. R. No.

175352

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

vs.
RICHARD J. GORDON, Respondent.
PHILIPPINE NATIONAL RED CROSS, Intervenor.

Facts:

The case at bar is a Motion for Clarification and/or for Reconsideration filed by Richard Gordon on
the decision of the high court dated July 15, 2009 for the petition raised herein by Liban et-al for not forfeiting
his seat as a senator by accepting the Chairmanship of the PNRC. In the decision, 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. And 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
1643, are VOID because they create the PNRC as a private corporation or grant it corporate powers. From this
decision, the petitioner files a clarification and/or for reconsideration as the court.

Issue:

Whether or not Philippine National Red Cross is considered as an incompatible office under Art VI
sec. 13 of the 1987 constitution?

Held:

No, the Philippine National Red Cross is not considered as an incompatible office under Art. VI Sec
13 of the 1987 Philippine Constitution. The court held that PNRC, as a National Society of the International
Red Cross and Red Crescent Movement, can neither "be classified as an instrumentality of the State, so as not
to lose its character of neutrality" as well as its independence, nor strictly as a private corporation since it is
regulated by international humanitarian law and is treated as an auxiliary of the State. 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 previous decision promulgated on July 15, 2009 is hereby modified and deleting the second
sentence.