Case Summary (G.R. No. 220399)
Petitioners, Respondent, and Intervenor
• Petitioners: Liban, Bernardo, and Viari, claiming forfeiture of Gordon’s senate seat under Section 13, Article VI of the 1987 Constitution.
• Respondent: Senator Richard J. Gordon.
• Intervenor: Philippine National Red Cross, asserting the validity and unique nature of its charter.
Key Dates
• PNRC Charter enacted by Republic Act No. 95: March 22, 1947.
• Amendments by Presidential Decree (PD) Nos. 1264 (1977) and 1643 (1979).
• Supreme Court Decision on merits: July 15, 2009.
• Resolution on motions for clarification and reconsideration: January 18, 2011.
Applicable Law
• 1987 Philippine Constitution, Article VI, Section 13 (incompatibility of dual public offices).
• 1987 Constitution, Article XII, Section 16 (prohibition on private corporations by special law).
• Geneva Conventions and Statutes of the International Red Cross and Red Crescent Movement.
Procedural History
Petitioners filed for a declaration that Senator Gordon forfeited his seat by holding office in a government-owned or controlled corporation. The Supreme Court found petitioners lacked standing yet proceeded to rule on the merits. Motions for reconsideration were later filed by Gordon and the PNRC.
Original Decision on Senator’s Seat
The Court held that the PNRC is neither a government office nor a government-owned or controlled corporation under Section 13, Article VI of the 1987 Constitution. Senator Gordon therefore did not forfeit his seat upon assuming PNRC chairmanship.
Original Decision on PNRC Charter
Despite upholding Gordon’s position, the Court declared void Sections 1–13 of RA 95 (as amended) for constituting PNRC as a private corporation created by special law, in violation of Article XII, Section 16 of the 1987 Constitution. Remaining provisions were deemed mere recognition of PNRC’s status under international law.
Respondent’s Motion for Reconsideration
Senator Gordon argued that the constitutionality of RA 95 was not a live issue—petitioners lacked standing—so the Court’s declaration of unconstitutionality amounted to obiter dictum and exceeded the case’s scope.
Intervenor’s Motion for Partial Reconsideration
The PNRC contended it was not a party at the time, its charter amendments derived from Presidential decrees (not Congress), and that its sui generis structure as an auxiliary to government under the Geneva Conventions distinguishes it from ordinary private corporations.
Judicial Restraint and Lis Mota Doctrine
The Court reaffirmed that it will not ordinarily decide a constitutional question unless it is the very lis mota or unavoidable. However, upon finding PNRC to be a private corporation, the unconstitutionality of its charter was integral to the Court’s disposition, not mere obiter.
Constitutional Prohibition and PNRC’s Structure
Article XII, Section 16 of the 1987 Constitution forbids creation of private corporations by special law. The Court held that PNRC, lacking government ownership or control, falls within this ban when created and empowered by RA 95 and its amendments.
PNRC’s Sui Generis Character and International Law
Acknowledging PNRC’s unique status under the Geneva Conventions and Movement Statutes—as an autonomous auxiliary to public authorities—the Court recognized PNRC’s humanitarian mission an
Case Syllabus (G.R. No. 220399)
Procedural Posture
- Petitioners (Liban, Bernardo, Viari) filed a petition to declare Senator Richard J. Gordon’s Senate seat forfeited under Section 13, Article VI of the 1987 Constitution when he accepted the chairmanship of the Philippine National Red Cross (PNRC).
- PNRC was allowed to intervene and later filed a Motion for Partial Reconsideration and Manifestation with Position Paper.
- Respondent Gordon filed a Motion for Clarification and/or Reconsideration of the Decision promulgated July 15, 2009.
Facts
- Senator Gordon concurrently served as Chairman of the PNRC Board of Governors.
- PNRC was originally created by Republic Act No. 95 (March 22, 1947) and amended by R.A. 855, R.A. 6373, P.D. 1264, and P.D. 1643.
- PNRC functions as the national Red Cross society of the Philippines, assisting the State in its obligations under the Geneva Conventions.
- PNRC is non-profit, donor-funded, guided by seven Fundamental Principles, and governed by a mostly privately-elected Board of Governors.
Issues
- Whether the office of PNRC Chairman is a “government office” or “office in a government-owned or controlled corporation” for purposes of Section 13, Article VI, and thus incompatible with Senate service.
- Whether Sections 1–13 of the PNRC Charter (R.A. 95, as amended) are unconstitutional for creating a private corporation by special law in violation of the Constitution’s ban on special-charter private corporations.
- Whether the Court erred in passing on the constitutionality of R.A. 95 when the issue was not raised by the parties.
Decision (July 15, 2009)
- The office of PNRC Chairman is not a government office nor an office in a GOCC for purposes of Section 13, Article VI; Senator Gordon did not forfeit his seat.
- PNRC is a private corporatio