Case Summary (G.R. No. 175352)
Petitioners
They filed a petition invoking Section 13, Article VI of the 1987 Constitution, arguing that Senator Gordon’s acceptance of the PNRC chairmanship—a position in a government-controlled corporation—automatically forfeited his Senate seat.
Respondent
Senator Richard J. Gordon contends that:
- Petitioners lack standing.
- The petition is a barred quo warranto or improper declaratory relief.
- PNRC is a private, autonomous humanitarian society, not a government-owned or controlled corporation.
- Service as PNRC chairman is voluntary and not “office or employment.”
Key Dates
• May 2004 – Gordon elected Senator
• February 23, 2006 – Gordon elected PNRC Chairman
• July 15, 2009 – En banc decision
Applicable Law
• Section 13, Article VI, 1987 Constitution (prohibiting legislators from holding any other government office or employment)
• Republic Act No. 95 (PNRC Charter, 1947, as amended)
• Rules of Court, Rule 66 (quo warranto)
Issues
- Whether petitioners have standing.
- Whether PNRC is a government-owned or controlled corporation.
- Whether Section 13, Article VI bars simultaneous legislative and PNRC chairman service.
- Whether Gordon forfeited his Senate seat by holding both posts.
Standing
The petition is a quo warranto action under Section 1(b), Rule 66, because it challenges a public officer’s forfeiture. Only the Republic or a claimant to the office may file; petitioners neither represent the Government nor claim entitlement to the Senate seat. They therefore lack standing.
Nature of PNRC
PNRC was created by special charter (RA 95) as a voluntary, independent, non-profit humanitarian society mandated by the Geneva Conventions. It is funded by private contributions, not government appropriations; only six of thirty governors are presidential appointees, four-fifths are privately chosen. The President cannot control or reverse PNRC actions. Under Section 2(13) of the Administrative Code and Republic Act No. 95, PNRC is neither owned nor controlled by the government.
Constitutional Proscription on Special Charters
Although Congress may create GOCCs by special law, private corporations require general incorporation under the Corporation Code. PNRC’s charter grants private corporate powers (Sections 1–13) without government ownership or control, rendering those provisions unconstitutional. PNRC must register under the Corporation Code if it intends to remain a private corporation. Provisions exempting PNRC from taxes and authorizing lotteries (Sections 4–17) are severable and valid to recognize its role as national society auxiliary to public authorities.
Incompatibility and Forfeiture
Because PNRC chairman is not an ex officio appointment derived from legislative duties, it constitutes “any othe
Case Syllabus (G.R. No. 175352)
Procedural Posture
- Petitioners—officers of the Quezon City Red Cross Chapter—filed a petition with the Supreme Court, En Banc, seeking to declare Senator Richard J. Gordon as having forfeited his Senate seat.
- They alleged that by accepting the position of Chairman of the Philippine National Red Cross (PNRC) Board of Governors during his Senate term, respondent violated Section 13, Article VI of the 1987 Constitution.
- Respondent moved to dismiss for lack of standing (quo warranto), prescription, absence of actual damage (taxpayer suit), and lack of jurisdiction (declaratory relief).
- Petitioners replied that their action is a taxpayer’s suit of transcendental importance questioning unlawful disbursement of public funds.
Facts
- Respondent was elected Senator in May 2004; on 23 February 2006, he was elected PNRC Chairman while still serving in the Senate.
- Petitioners asserted that the PNRC is a government-owned or controlled corporation (GOCC), invoking Camporedondo v. NLRC, and that Section 13, Article VI mandates automatic forfeiture of a legislative seat if its holder accepts any other government office.
- They cited Flores v. Drilon for the principle of automatic forfeiture upon acceptance of another government office.
- Respondent maintained that:
• The petition is a quo warranto barred by prescription and lacking a private claimant.
• As taxpayers, petitioners failed to allege actual injury or illegal diversion of public funds.
• Declaratory relief is within Regional Trial Court jurisdiction.
• The PNRC is a private, voluntary humanitarian organization, not a GOCC, and its Chairmanship is unpaid volunteer service.
Issues Presented
- Do petitioners have standing to file the petition?
- Is the PNRC a government-owned or controlled corporation?
- Does the PNRC Chairmanship constitute an “office or employment in the Government” under Section 13, Article VI of the Constitution?
- Did respondent automatically forfeit his Senate seat by accepting the PNRC Chairmanship?
- Is the petition a proper cause of action in this Court?
Relevant Constitutional and Statutory Provisions
- Section 13, Article VI, 1987 Constitution: prohibits Senators from holding any other government office or GOCC position during their term, under penalty of forfeiture.
- Republic Act No. 95 (PNRC Charter), as amended by P.D. 12