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DANTE V. LIBAN v. RICHARD J. GORDON, GR No.

175352, 2009-07-15
Facts:
Issues:
whether the respondent holds the chairmanship of PNRC in an ex officio capacity.
may hold any other office or employment in the Government
Ruling:
the office of the Chairman of the Philippine National Red Cross is not a government office or
an office in a government-owned or controlled corporation for purposes of the prohibition in
Section 13, Article VI of the 1987 Constitution.
Principles:
a position held in an ex officio capacity does not violate the constitutional proscription on the
holding of multiple offices.
The prohibition against holding dual or multiple offices or employment under Section 13,
Article VII of the Constitution must not, however, be construed as applying to posts
occupied by the Executive officials specified therein without additional compensation... in an
ex officio capacity as provided by law and as required by the primary functions of said
officials' office. The reason is that these posts do not comprise "any other office" within the
contemplation of the constitutional prohibition but are properly an... imposition of additional
duties and functions on said officials.
The ex officio position being actually and in legal contemplation part of the principal office, it
follows that the official concerned has no right to receive additional compensation for his
services in the said position. The reason is that these services are already... paid for and
covered by the compensation attached to his principal office.
The term ex officio means "from office; by virtue of office." It refers to an "authority derived
from official character merely, not expressly conferred upon the individual character, but
rather annexed to the official position." Ex officio likewise... denotes an "act done in an
official character, or as a consequence of office, and without any other appointment or
authority other than that conferred by the office." An ex officio member of a board is one
who is a member by virtue of his title to a certain office, and... without further warrant or
appointment.
the office of the PNRC Chairman is not a government office or an office in a government-
owned or controlled corporation for purposes of the prohibition in Section 13, Article VI of
the 1987 Constitution. However, since the PNRC Charter is void insofar as it... creates the
PNRC as a private corporation, the PNRC should incorporate under the Corporation Code
and register with the Securities and Exchange Commission if it wants to be a private
corporation.