2-flores v drilon digest.docx

7/27/2019 2-flores v drilon digest.docx

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5. Flores vs. Drilon (1993)

Facts:

Mayor Gordon of Olongapo City was appointed Chairman/CEO of the

SBMA pursuant toRA7277 Bases Conversion & Development Act of1992 which provides that- The Presidentshall appoint a professional

manager as administrator of the Subic Authority with acompensation

to be determined by the Board subject to the approval of the

Secretary of Budget,who shall be the ex officio chairman of the Board

and who shall serve as the chief executiveofficer of the Subic

Authority: Provided, however, That for the first year of its operations

fromthe effectivity of this Act, the mayor of the City of Olongapo shall

be appointed as the chairmanand chief executive officer of the SubicAuthority.

Petitioners filed an original petition before theSC, challenging the

constitutionality of the proviso above.

Held:

The proviso violates the constitutional proscription against

appointment or designation of elective officials to other government

posts. The proscription is an affirmation that a publicoffice is a full-

time job. A public officer should be precluded from dissipating his

effortsamong too many positions of responsibility, which may

result in inefficiency. Section 94 of LGCwhich permits the

appointment of a local elective official to another post if so allowed by

law or by the primary functions of his office is untenable. No

legislative act can prevail over theConstitution. This view ignores the

clear-cut difference in the wording between the two paragraphs of

Section 7 Art. IX-B, w/c distinction was purposely sought by thedrafters of theConstitution.

Holding of multiple offices by an appointive official is permitted when

allowed by law or by the primary functions of his position


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is more stringent. It does not provide any exception tothe rule against

appointment or designation of an elective

official to other government postsexcept as particularly recognized in

the Constitution itself, such as:

President, as head of theEconomic and Planning Agency

;

Vice-President, who may be appointed as Cabinet member

;

Congressman, who may be designated ex officio member of the

Judicial & Bar Council. Theexemption allowed to appointive officials

cant be extended to elective officials.The contention that SBMA posts

are merely ex officio to the position of Mayor of Olongapo City, hence,

an excepted circumstance citing

Civil Liberties v Exec Secretary

wherethe Court held that the prohibition in Section 13 Art. VII of the

Constitution doesnt apply toadditional duties & functions required by

the primary functions of the official concerned, whoare to perform

them in an ex officio capacity is also untenable.Congress did not

contemplate making the SBMA posts as ex officio or

automaticallyattached to the Office of the Mayor of Olongapo City w/o

need of appointment. The phraseshall be appointed shows the

intent to make the posts appointive. In the Senate deliberations,Sen.

Saguisag suggested that they make the post ex officio so as not to

contravene Section 7 paragrap 1 of Art. IX-B of the Constitution, but

Congress decided to have the controversyresolved by the courts

instead. That the proviso is NOT a legislative encroachment on


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theappointing authority of the PresidentThe power of appointment

necessarily carries thediscretion of whom to appoint. When Congress

clothes the President with the power to appointan officer, it cannot at

the same time limit the choice of the President to only one candidate,

evenon the pretext of prescribing qualifications of the officer (as inthis case, where the qualifications prescribed can only be met by one

individual). Such enactment eliminates the discretion of theappointing

power [and encroaches upon his power of appointment].[

Solution

: Since the ineligibility of an elective official for appointment remains

all throughouthis tenure or during his incumbency, Gordon may

resign first from his elective post to cast off the constitutionally-attached disqualification.][

Conclusion

: Gordons appointment pursuant to an unconstitutional legislative

act is null &void. He however remains Mayor of Olongapo City. His

acts as SBMA Chair/CEO are notnecessarily null and void. He may be

considered a de facto officer, whose acts will hold valid inso far as

they involve the interests of the public and third persons. Also, allemoluments received by Gordon pursuant to his appointment may be

retained by him.]

2-flores v drilon digest.docx

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