Funa vs Agra digest

7/17/2019 Funa vs Agra digest

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University of the Philippines College of Law

Constitutional Law 1| Professor Charlemagne Yu

Case Digest

TOPIC: Cabinet Members > Prohibition

DOCTRI!: "e# $% &rt 'II of the Constit(tionC&"! (mber )in#l(*ing *ate+: G.R. No. 191644 F!R"#RY 19$ %&1'

C&"! ame: Funa (s #gra

Ponente: !ersamin$ ).

,&CT"

Mar#h $- ./$/ 0 #rro*o a++ointe, -on. #lerto C. #gra as #/ting 0e/retar*

of )usti/e Mar#h 1- ./$/ 0 #rro*o a++ointe, him as #/ting 0oli/itor General

&pril 2- ./$/ 0 Petitioner le, a /ase as a ta2+a*er$ alleging that the

a++ointments were +rohiite, un,er "e#tion $% &rt 'II of the 193Constitution 5+rohiits the Presi,ent$ 7i/e8Presi,ent$ the emers of the

Cainet$ an, their ,e+uties or assistants from hol,ing an* other o:/e or

em+lo*ment ,uring their tenure unless otherwise +ro(i,e, in the

Constitution;$ an,"e#tion 2- paragraph ).+- &rti#le I345 of the 193 Constitution$ whi/h

ans an* a++ointi(e o:/ial from hol,ing an* other o:/e or em+lo*ment in

the Go(ernment or an* su,i(ision$ agen/* or instrumentalit* thereof$

in/lu,ing go(ernment8owne, or /ontrolle, /or+orations or their susi,iaries$

unless otherwise allowe, * law or the +rimar* fun/tions of his +osition. &(g(st 1- ./$/ 0 During the +en,en/* of the suit$ !enigno 0imeon #<uino

=== a++ointe, #tt*. )ose Ca,i> as 0oli/itor General an, the latter /ommen/e,

his ,uties 5#gra sa*s? he was then the Go(ernment Cor+orate Counsel when Presi,ent

#rro*o ,esignate, him as the #/ting 0oli/itor General in +la/e of 0oli/itor

General De(ana,era who ha, een a++ointe, as the 0e/retar* of )usti/e@ Ahat on ar/h B$ %&1&$ Presi,ent #rro*o ,esignate, him also as the #/ting

0e/retar* of )usti/e (i/e 0e/retar* De(ana,era who ha, meanwhile ten,ere,

her resignation in or,er to run for Congress re+resenting a ,istri/t in ue>on

Pro(in/e in the a* %&1& ele/tions@ that he then relin<uishe, his +osition as

the Go(ernment Cor+orate Counsel@ an, that +en,ing the a++ointment of his

su//essor$ #gra /ontinue, to +erform his ,uties as the #/ting 0oli/itorGeneral.;

Res+on,ents /onten, that #gras /on/urrent ,esignations were onl* in a

tem+orar* /a+a/it*$ the onl* eEe/t of whi/h was to /onfer a,,itional ,uties

to him. Ahus$ as the #/ting 0oli/itor General an, #/ting 0e/retar* of )usti/e$

#gra was not hol,ing oth o:/es in the stri/t /onstitutional sense 5whi/h

must e regular an, +ermanent an, not a mere ,esignation;



Res+on,ents further /onten, that$ e(en on the assum+tion that #gras

/on/urrent ,esignation /onstitute, hol,ing of multi+le o:/es$ his /ontinue,

ser(i/e as the #/ting 0oli/itor General was aHin to a hol,8o(er@ that u+on

#gras ,esignation as the #/ting 0e/retar* of )usti/e$ his term as the #/ting

0oli/itor General e2+ire, in (iew of the /onstitutional +rohiition against

hol,ing of multi+le o:/es * the emers of the Cainet@ that un,er the+rin/i+le of hol,8o(er$ #gra /ontinue, his ser(i/e as the #/ting 0oli/itor

General until his su//essor is ele/te, an, <ualie,1& to +re(ent a hiatus

in the go(ernment +en,ing the time when a su//essor ma* e /hosen an,

in,u/te, into o:/e@ #n, that ,uring his /ontinue, ser(i/e as the #/ting 0oli/itor General$ he ,i,

not re/ei(e an* salaries an, emoluments from the I0G after e/oming the

#/ting 0e/retar* of )usti/e Petitioner /ounters that there was no +re(ailing s+e/ial /ir/umstan/e that

Justie, the non8a++li/ation to #gra of 0e/tion 1'$ #rti/le 7== of the 193

Constitution@#n, that #gras in(o/ation of the +rin/i+le of hol,8o(er is mis+la/e, for eing

+re,i/ate, u+on an erroneous +resentation of a material fa/t as to the time

of his ,esignation as the #/ting 0oli/itor General an, #/ting 0e/retar* of

)usti/e

I""U!"

$6 7hether or not petitioner has lo#(s stan*i.6 7hether or not the #ase is moot an* a#a*emi# by virt(e of the

appointment of Ca*i8 as "ol9en%6 7hether or not the ,esignation of #gra as the #/ting 0e/retar* of )usti/e$

/on/urrentl* with his +osition of #/ting 0oli/itor General$ (iolate, the/onstitutional +rohiition against ,ual or multi+le o:/es for the emers of

the Cainet an, their ,e+uties an, assistants

!LD )in#l(*ing the Ratio De#i*en*i+

)$+ ;es:

o Ahis /ase efore "s is of trans/en,ental im+ortan/e$ sin/e it o(iousl*

has far8rea/hing im+li/ations$ an, there is a nee, to +romulgate

rules that will gui,e the en/h$ ar$ an, the +uli/ in future analogous

/ases. ).+ ;es- 5UT:

o the Court ,i, not ,esist from resol(ing an issue that a su+er(ening

e(ent meanwhile ren,ere, moot an, a/a,emi/ if an* of the following

re/ogni>e, e2/e+tions otaine,$ namel*? )$+ there was a grave

violation of the Constit(tion< 5%; the /ase in(ol(e, a situation of

e2/e+tional /hara/ter an, was of +aramount +uli/ interest@ 5'; the

/onstitutional issue raise, re<uire, the formulation of /ontrolling



+rin/i+les to gui,e the !en/h$ the !ar an, the +uli/@ an, 54; the /ase

was /a+ale of re+etition$ *et e(a,ing re(iew.

)%+ ;es:

o Ahe ,esignation of #gra as #/ting 0e/retar* of )usti/e /on/urrentl* with

his +osition of #/ting 0oli/itor General was un/onstitutional an, (oi,

for eing in (iolation of the /onstitutional +rohiition un,er 0e/tion 1'$#rti/le 7== of the 193 Constitution.

o !eing ,esignate, as the #/ting 0e/retar* of )usti/e /on/urrentl* with

his +osition of #/ting 0oli/itor General$ therefore$ #gra was

un,oute,l* /o(ere, * 0e/tion 1'$ #rti/le 7==$ su+ra$ whose te2t an,

s+irit were too /lear to e ,iEerentl* rea,. -en/e$ #gra /oul, not

(ali,l* hol, an* other o:/e or em+lo*ment ,uring his tenure as the

#/ting 0oli/itor General$ e/ause the Constitution has not otherwise so

+ro(i,e,.o =n this regar,$ to hol, an o:/e means to +ossess or to o//u+* the

o:/e$ or to e in +ossession an, a,ministration of the o:/e$ whi/h

im+lies nothing less than the a/tual ,is/harge of the fun/tions an,

,uties of the o:/e.o Ao e sure$ #gras /on/urrent ,esignations as #/ting 0e/retar* of

)usti/e an, #/ting 0oli/itor General ,i, not /ome within the ,enition

of an e2 o:/io /a+a/it*KKK. -a, either of his /on/urrent ,esignations

een in an e2 o:/io /a+a/it* in relation to the other$ the Court might

now e ruling in his fa(or.o Ahe I0G are neither re<uire, * the +rimar* fun/tions nor in/lu,e, *

the +owers of the DI)#N=NG$ one +osition was not ,eri(e, from

the other.

RULI9:M-RFIR$ the Court GR#NA0 the +etition for /ertiorari an, +rohiition@

#NN"L0 #ND 7I=D0 the ,esignation of -on. #lerto C. #gra as the #/ting

0e/retar* of )usti/e in a /on/urrent /a+a/it* with his +osition as the #/ting

0oli/itor General for eing (n#onstit(tional an* violative of 0e/tion 1'$

#rti/le 7== of the 193 Constitution@ an, DCL#R0 that l8=on. #lerto C. #gra

was a *e fa#to o=#er ,uring his tenure as #/ting 0e/retar* of )usti/e.

=n or,er to e /lear$ therefore$ the Court hol,s that all o=#ial a#tions of

&gra as a ,e fa/to #/ting 0e/retar* of )usti/e$ assuming that was his later,esignation$ were pres(me* vali*$ in,ing an, eEe/ti(e as if he was the

o:/er legall* a++ointe, an, <ualie, for the o:/e. B4 Ahis /lari/ation is

ne/essar* in or,er to +rote/t the san/tit* of the ,ealings * the +uli/ with

+ersons whose ostensile authorit* emanates from the 0tate.

OT!"



KKK 2 o:/io liHewise ,enotes an a/t ,one in an o:/ial /hara/ter$ or as a

/onse<uen/e of o:/e$ an, without an* other a++ointment or authorit* other than

that /onferre, * the o:/e. Ahe e2 o:/io +osition eing a/tuall* an, in legal

/ontem+lation +art of the +rin/i+al o:/e$ it follows that the o:/ial /on/erne, has

no right to re/ei(e a,,itional /om+ensation for his ser(i/es in the sai, +osition. Ahe

reason is that these ser(i/es are alrea,* +ai, for an, /o(ere, * the /om+ensationatta/he, to his +rin/i+al o:/e.

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Funa vs Agra digest