Case Summary (G.R. No. 104732)
Key Dates
– R.A. 7227 Approved: March 13, 1992
– Appointment of Gordon: April 3, 1992
– National Elections: May 11, 1992
Applicable Law
1987 Philippine Constitution
• Art. IX-B, Sec. 7 (first paragraph): “No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.”
• Art. VII, Sec. 16: Presidential appointment powers.
Omnibus Election Code (B.P. Blg. 881)
• Sec. 261(g): Prohibits appointment or creation of positions within 45 days before a regular election.
Issues
- Whether the proviso in Sec. 13(d), R.A. 7227, violates the constitutional ban on appointing an incumbent elective official.
- Whether Congress’s directive unconstitutionally restricts the President’s discretionary appointment power.
- Whether the April 3, 1992 appointment contravened the Election Code’s 45-day prohibition.
Constitutional Proscription on Elective Officials
- Art. IX-B, Sec. 7, first paragraph imposes an absolute bar on appointing or designating an elective official to any public office during tenure, with no general exceptions.
- Exceptions in the Constitution itself (e.g., Vice-President in Cabinet) cannot be extended by statute.
- The proviso directly commands the appointment of the Mayor of Olongapo City, thus contravening Sec. 7.
Encroachment on Presidential Appointment Power
- Appointment is intrinsically discretionary; vesting “appointment power” in the President necessarily includes choice.
- By specifying a single eligible appointee (the incumbent mayor), Congress nullifies presidential discretion, converting appointment into a ministerial formality.
- Such an indirect limitation on executive prerogative violates the separation of powers.
Violation of Election-Period Ban
- Omnibus Election Code Sec. 261(g) forbids creation or filling of positions within 45 days before a regular election without Commission authority.
- Gordon’s April 3 appointment occurred during this prohibited period and is thus null and void.
Ex Officio Argument Rejected
- The statute’s use of “shall be appointed” demonstrates Congress intended an appointive office, not an automatic ex officio attachment to the mayoralty.
- Had Congress intended an ex officio role, it would have omitted any appointment requirement.
De Facto Officer Doctrine
- Although Gordon’s appointment is void, his actions as SBMA Chairman/CEO are validated under the de facto officer doc
Case Syllabus (G.R. No. 104732)
Facts of the Case
- Republic Act No. 7227 (“Bases Conversion and Development Act of 1992”) created the Subic Bay Metropolitan Authority (SBMA) and took effect upon newspaper publication.
- Section 13(d) authorized the President to appoint a professional manager as SBMA Administrator and ex officio Chairman of its Board, with compensation set by the Board and approved by the Secretary of Budget.
- A proviso in Sec. 13(d) mandated that, for SBMA’s first year of operations, the Mayor of Olongapo City be appointed Chairman and Chief Executive Officer.
- Petitioners—taxpayers, U.S. facility employees at Subic, and officers of a civilian employees association—filed an original petition challenging the proviso’s constitutionality.
- They sought prohibition, preliminary injunction, and temporary restraining order to prevent expenditures on salaries and operational expenses under the contested proviso.
Issues Presented
- Does the proviso in Sec. 13(d) of RA 7227 violate:
• Art. IX-B, Sec. 7(1) of the 1987 Constitution, prohibiting appointment of elective officials to other public offices during their tenure?
• Art. VII, Sec. 16, which vests appointment power in the President with the Commission on Appointments’ consent?
• Sec. 261(g) of the Omnibus Election Code, banning appointments or creation of positions within 45 days before an election?
Petitioners’ Contentions
- The proviso contravenes Art. IX-B, Sec. 7(1) because the Olongapo Mayor is an elective official and the SBMA posts are “public office[s] or position[s].”
- It infringes the President’s appointment power under Art. VII, Sec. 16, as Congress, not the President, effectively designated the Mayor.
- The appointment of Gordon on April 3, 1992 occurred within the 45-day prohibition period before the May 11, 1992 election, violating the Omnibus Election Code.
Respondents’ Arguments
- The SBMA posts are merely ex officio duties of the Mayor’s primary office, carrying no additional compensation—per Civil Liberties U