G.R. No. 184740 - Funa vs. Executive Secretary

On October 4, 2006, President Gloria Macapagal-Arroyo appointed Maria Elena H. Bautista as Undersecretary of the Department of Transportation and Communications (DOTC), designated Undersecretary for Maritime Transport under Special Order No. 2006-171 (October 23, 2006).
On September 1, 2008, following the resignation of MARINA Administrator Vicente T. Suazo, Jr., Bautista was designated Officer-in-Charge (OIC) of the Maritime Industry Authority (MARINA) while concurrently serving as DOTC Undersecretary.
On October 21, 2008, petitioner Dennis A. B. Funa filed a petition for certiorari, prohibition, and mandamus under Rule 65, challenging the constitutionality of Bautista’s concurrent OIC designation.
During pendency, on January 5, 2009, Bautista was appointed MARINA Administrator and assumed duties on February 2, 2009, relinquishing her DOTC Undersecretary post.

The concurrent roles violate Section 13, Article VII of the 1987 Constitution, which prohibits Cabinet members and their deputies or assistants from holding any other office or employment unless otherwise provided in the Constitution. Bautista’s OIC role is not ex-officio under MARINA’s charter (P.D. No. 474, as amended).
Temporary designation is not an exception to the constitutional prohibition and may effectively circumvent it by indefinite extension.
The dual roles eliminate internal checks: the DOTC Undersecretary for Maritime Transport and the MARINA Administrator should exercise countervailing supervision, which ceased when both offices were held by Bautista.

Mootness and lack of justiciable controversy, as Bautista is no longer DOTC Undersecretary and is now regular MARINA Administrator; thus, injunctive relief is academic.
Petitioner lacks standing: no personal or substantial interest alleged, no illegal expenditure of public funds since no remuneration was received as MARINA OIC.
The OIC designation is constitutional: it falls under recognized exceptions—no additional compensation and as required by primary functions of the office to avoid hiatus in official functions.
Offices are not incompatible: MARINA Administrator is accountable to the Maritime Industry Board, not the Undersecretary; policy recommendations of MARINA go to its Board, not the DOTC Undersecretary.

The case was heard en banc before the Supreme Court.
Petitioner sought a temporary restraining order or writ of preliminary injunction, which respondents deemed moot after Bautista’s appointment as MARINA Administrator.

Does the designation of Bautista as OIC MARINA, while serving as DOTC Undersecretary, violate Section 13, Article VII of the 1987 Constitution prohibiting Cabinet members and their deputies or assistants from holding other offices?
Does petitioner Funa have legal standing to challenge the appointment/designation?
Is the petition rendered moot by Bautista’s subsequent appointment as MARINA Administrator and relinquishment of her Undersecretary post?