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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 of 1992 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 Subic Authority. 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 fulltime 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 the drafters of theConstitution.

Holding of multiple offices by an appointive official is permitted when allowed by law or by the primary functions of his position

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

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 in this 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 constitutionallyattached 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, all emoluments received by Gordon pursuant to his appointment may be retained by him.]