Flores vs Drilon

G.R. No. 104732 June 22, 1993

Facts: Petitioners, employees of the US Facility at Subic, Zamabales questioned or

challenged the appointment of the Olongapo Mayor Richar Gordon as the Chairman
and Chief Executive Officer of the Subic Bay Metropolitan Authority (SBMA) pursuant
to RA 7227 otherwise known as the "Bases Conversion and Development Act of
1992."

Under such law it provides that the President shall appoint a professional manager
as administrator of the Subic Authority...Provided, however, that for the first year of
its operations from the effectivity of this Act, the Mayor of the City of Olongapo shall
be appointed as the Chairman and Chief Executive Officer of the Subic Bay
Metropolitan Authority (SBMA)."

Petitioners contend that the said paragraph infringes some Constitutional and
omnibus election provisions of the State:
1.) " No elective official shall be eligible for appointment or designation in any
capacity to any public office or position during his tenure. Unless otherwise allowed
by law or by the primary functions of his position"
2.) Prohibited acts which lead to be guilty of an election offense, being appointment
of new employees, creation of new position, promotion or giving salary increase
during the period of 45 days before a regular election. The appointment of
Respondent Gordon was within the 45 day period prior to the May 11 1992
Elections.

Issue: Whether RA 7227 appointing Gordon as Chairman and Chief Executive

Officer of the SBMA violates constitutional proscription against appointment or
designation of elective officials to other government posts?

Held: Yes. Sec. 7 of Art. IX-B of the Constitution provides:

No elective official shall be eligible for appointment or designation in any capacity to

any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no

appointive official shall 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. Sec. 7 of Art. IX-B of the Constitution
expresses the policy against the concentration of several public positions in one
person, so that a public officer or employee may service full time with dedication and
thus be efficient in the delivery of public services. It is an affirmation that a public
officer is a full-time job.

Said section expresses the policy against the concentration of several public
positions in one person, so that a public officer or employee may serve full-time
with dedication and thus be efficient in the delivery of public services. It is an
affirmation that a public office is a full-time job. Hence, he should be allowed to
attend to his duties and responsibilities without any distraction of other
governmental duties or employment. Since this particularly what the constitutional
proscription seeks to prevent, it needs no stretching of that imagination to conclude
that the provision contravenes the Constitution.

The first sentence appears to be more stringent by not providing any exception to
the rule against appointment or designation of an elective official to other
governmental posts except as particularly recognized by the Constitution.

The Second sentence authorizes the holding of multiple offices by an appointive

official when allowed by law or by the primary functions of his position. The
distinction being clear from the deliberation of the drafters of the Constitution that
the exemption allowed to appointive officials in the second paragraph cannot be
extended to elective officials who are governed by the first paragraph.