Case Digest (G.R. No. 184740)
Facts:
Dennis A. B. Funa v. Executive Secretary Eduardo R. Ermita, et al., G.R. No. 184740, February 11, 2010, Supreme Court En Banc, Villarama, Jr., J., writing for the Court. Petitioner is Dennis A. B. Funa (taxpayer, concerned citizen, lawyer); respondents are the Executive Secretary, the Secretary of the Department of Transportation and Communications (DOTC), and Undersecretary Maria Elena H. Bautista in her official capacities as DOTC Undersecretary and as Officer‑in‑Charge (OIC) of the Maritime Industry Authority (MARINA).In October 2006 Bautista was appointed DOTC Undersecretary and designated Undersecretary for Maritime Transport by Special Order No. 2006‑171. After MARINA Administrator Vicente T. Suazo, Jr. resigned, Bautista was designated OIC, Office of the Administrator, MARINA on September 1, 2008, while still serving as DOTC Undersecretary. On October 21, 2008, petitioner filed a Rule 65 petition for certiorari, prohibition and mandamus with a prayer for temporary restraining order and/or writ of preliminary injunction, challenging the constitutionality of Bautista’s concurrent designation as MARINA OIC.
While the petition was pending, Bautista was appointed MARINA Administrator on January 5, 2009 and assumed the duties on February 2, 2009 after relinquishing her DOTC post. Respondents argued lack of standing and mootness due to the subsequent appointment and Bautista’s relinquishment; they also defended the designation as falling within recognized exceptions (temporary designation, no additional compensation, and necessary to prevent a hiatus). Petitioner maintained the designation violated the constitutional proscription on multiple offices for Cabi...(Pro-only)
Issues:
- As a procedural matter, does petitioner, suing as a concerned citizen and taxpayer, have standing to challenge the designation?
- Is the petition rendered moot or academic by the subsequent appointment of Bautista as permanent MARINA Administrator and her relinquishment of the DOTC Undersecretary post?
- Substantively, did Bautista’s designation as MARINA OIC, concurrent with her DOTC Undersecretary position, violate Section 13, Articl...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)