Case Summary (G.R. No. 191644)
Justiciability, Standing, and Mootness
The Court found an actual controversy, petitioner’s taxpayer-citizen-lawyer standing, and timely raising of the constitutional question. Despite Cadiz’s later appointment, four exceptions to mootness applied—including a grave constitutional violation and issues capable of repetition yet evading review—warranting resolution.
Issue Presented
Whether Agra’s concurrent designations as Acting Secretary of Justice and Acting Solicitor General violated the constitutional prohibition against dual or multiple offices for Cabinet members and their deputies or assistants.
Constitutional Provisions on Multiple Offices
Section 13, Article VII of the 1987 Constitution imposes an absolute ban on Cabinet officials and their deputies or assistants holding any other government office during their tenure, subject only to exceptions expressly provided in the Constitution itself. Section 7(2), Article IX-B establishes a general rule for all appointive officials, allowing multiple offices only if authorized by law or intrinsic to their primary functions.
Stricter Prohibition for Cabinet Officials
The framers intended Section 13’s prohibition to be more stringent than the general rule in Section 7(2), Article IX-B. The phrase “unless otherwise provided in this Constitution” admits only those specific exceptions explicitly cited—such as the Vice-President’s eligibility for Cabinet membership and the Secretary of Justice’s ex officio seat in the Judicial and Bar Council. Acting or temporary designations do not escape Section 13’s reach.
Ex Officio Exception and Acting Capacity
Ex officio appointments derive automatically from holding another office and require no additional warrant or appointment. Agra’s two roles were not ex officio relative to one another; each office carries distinct powers, functions, and compensation. The DOJ and OSG are separate entities under the Administrative Code, and RA 9417 further elevates the Solicitor General to cabinet rank. Thus, neither designation derived from the other.
Compatibility Under the General Rule
Even under Section 7(2), Article IX-B, offices must be compatible—that is, not subordinate or repugnant in function. The Secretary of Justice’s duties (criminal justice administration, free legal aid, immigration regulation, land dispute resolution) and the Solicitor General’s litigation and advisory functions are neither subordinate nor functionally interdependent. Their simultaneous exercise by one person is both impractical and inimical to good governance.
Ruling and Declarations
The designation of Agra as Acting Secretary of Justice concu
...continue readingCase Syllabus (G.R. No. 191644)
Facts and Antecedents
- March 1, 2010: President Gloria M. Macapagal-Arroyo appoints Alberto C. Agra as Acting Secretary of Justice following the resignation of Secretary Agnes VST Devanadera to run for Congress.
- March 5, 2010: President Arroyo designates Agra concurrently as Acting Solicitor General.
- April 7, 2010: Dennis A.B. Funa, as taxpayer, concerned citizen and lawyer, files special civil action for certiorari and prohibition challenging the constitutionality of Agra’s dual designations under Section 13, Article VII of the 1987 Constitution.
- During pendency: President Benigno S. Aquino III appoints Atty. Jose Anselmo I. Cadiz as Solicitor General, who assumes office on August 5, 2010.
- Agra’s version: Began as Government Corporate Counsel; was made Acting Solicitor General on January 12, 2010; then Acting Secretary of Justice on March 5, 2010; relinquished corporate counsel role but continued as Acting Solicitor General pending successor.
Issue
- Whether the concurrent designation of Alberto C. Agra as Acting Secretary of Justice and Acting Solicitor General violated the constitutional prohibition on holding multiple offices by Members of the Cabinet and their deputies or assistants under Section 13, Article VII of the 1987 Constitution.
Constitutional Provisions Involved
- Section 13, Article VII (1987 Constitution): Prohibits the President, Vice-President, Cabinet Members and their deputies/assistants from holding any other office or employment during their tenure, unless otherwise provided in the Constitution.
- Section 7(2), Article IX-B (1987 Constitution): General ban on appointive officials holding any other government office unless allowed by law or by primary functions.
- Administrative Code of 1987: Defines powers and functions of the Department of Justice (DOJ) and Office of the Solicitor General (OSG).
- Republic Act No. 9417: Elevates the Solicitor General to cabinet rank with qualifications, rank, prerogatives, salaries, allowances and benefits equivalent to a Court of Appeals Presiding Justice.
Petitioner’s Arguments
- Section 13, Article VII applies equally to acting or temporary capacities; no distinction between permanent and acting designations.
- The OSG is an independent and autonomous office attached to the DOJ; the Solicitor General is not ex officio DOJ Secretary.
- Ex