Liban v. Gordon G.R. 175352 July 15, 2009 FACTS Dante V.

Liban, together with other petitioners, petitioned in Court to declare Richard J. Gordon as having forfeited his seat in the Senate. The petitioners were officers of the Board of Directors of the Quezon City Red Cross Chapter, while respondent is Chairman of the Philippine National Red Cross (PNRC) Board of Governors. During Gordons incumbency as a member of the Senate of the Philippines, he was elected Chairman of the PNRC during the February 23, 2006 meeting of the PNRC Board of Governors, in which the petitioners alleged that by accepting the responsibility, Gordon deemed ceased to be a member of the Senate as provided in Sec. 13, Article VI of the Constitution: Sec. 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Respondent contested that the petitioners citation of a constitutional provision had no basis, since PNRC is not a government-owned or controlled corporation. Thus, prohibition under Sec. 13, Art. VI of the Constitution did not apply to his case. Furthermore, service rendered in PNRC is a volunteer service to which is neither an office nor an employment. ISSUE By accepting the PNRC Chair, did Gordon forfeit his Senate Seat? HELD No. The Philippine National Red Cross is a private organization performing public functions. It does not have government assets and does not receive any appropriation from the Philippine Congress. The PNRC is financed primarily by contributions from private individuals and private entities obtained through solicitation campaigns organized by its Board of Governors. Apart from that, PNRC must not only be, but must also be seen to be, autonomous, neutral and independent to be able to conduct its activities in accord to their fundamental principles of

humanity, impartiality, neutrality, independence, voluntary service, unity, and universality. Hence, Article VI, Section 13 could not apply to Gordons case, in accepting the position in the PNRC. The petition was deemed to have no merit.