Digest POLI PUBLIC OFFICERS 1
FLORES V DRILON Unless otherwise allowed by law or by the primary functions of
FACTS
Petitioners, taxpayers and employees of U.S facilities at Subic,
challenge the constitutionality of Sec. 13 (d) of the Bases
Conversion and Development Act of 1992 which directs the
President to appoint a professional manager as administrator of
the SBMA…provided that “for the 1st year of its operations, the
mayor of Olongapo City (Richard Gordon) shall be appointed as
the chairman and the CEO of the Subic Authority.”
ISSUES
(1) Whether the proviso violates the constitutional proscription
against appointment or designation of elective officials to other
government posts.
(2) Whether or not the SBMA posts are merely ex officio to the
position of Mayor of Olongapo City and thus an excepted
circumstance.
(3) Whether or not the Constitutional provision allowing an
elective official to receive double compensation (Sec. 8, Art. IX-
B) would be useless if no elective official may be appointed to
another post.
(4) Whether there is legislative encroachment on the appointing
authority of the President.
(5) Whether Mayor Gordon may retain any and all per diems,
allowances and other emoluments which he may have received
pursuant to his appointment.
HELD
(1) 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.
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. The subject
proviso directs the President to appoint an elective official i.e.
the Mayor of Olongapo City, to other government post (as
Chairman and CEO of SBMA). This is precisely what the
Constitution prohibits. It seeks to prevent a situation where a
local elective official will work for his appointment in an
executive position in government, and thus neglect his
constitutents.
(2) NO, Congress did not contemplate making the SBMA posts
as automatically attached to the Office of the Mayor without
need of appointment. The phrase “shall be appointed”
unquestionably shows the intent to make the SBMA posts
appointive and not merely adjunct to the post of Mayor of
Olongapo City.
(3) NO, Sec. 8 does not affect the constitutionality of the subject
proviso. In any case, the Vice-President for example, an elective
official who may be appointed to a cabinet post, may receive the
compensation attached to the cabinet position if specifically
authorized by law.
(4) YES, although Section 13(d) itself vests in the President the
power to appoint the Chairman of SBMA, he really has no choice
but to appoint the Mayor of Olongapo City. The power of choice
is the heart of the power to appoint. Appointment involves an
exercise of discretion of whom to appoint. Hence, when
Congress clothes the President with the power to appoint an
officer, it cannot at the same time limit the choice of the
President to only one candidate. Such enactment effectively
eliminates the discretion of the appointing power to choose and
constitutes an irregular restriction on the power of appointment.
While it may be viewed that the proviso merely sets the
qualifications of the officer during the first year of operations of
SBMA, i.e., he must be the Mayor of Olongapo City, it is
manifestly an abuse of congressional authority to prescribe
qualifications where only one, and no other, can qualify. Since
the ineligibility of an elective official for appointment remains
 Digest POLI PUBLIC OFFICERS 2

all throughout his tenure or during his incumbency, he may however remains Mayor of Olongapo City, and his actsas SBMA
however resign first from his elective post to cast off the official are not necessarily null and void; he may be considered a
constitutionally-attached disqualification before he may be de facto officer, and in accordance with jurisprudence, is
considered fit for appointment. Consequently, as long as he is an entitled to such benefits.
incumbent, an elective official remains ineligible for
appointment to another public office.
(5) YES, as incumbent elective official, Gordon is ineligible for
appointment to the position of Chairman and CEO of SBMA;
hence, his appointment thereto cannot be sustained. He
CIVIL SERVICE COMMISSION V. ENGR. DARANGINA mes necessary in the public interest to fill a vacancy, a tempappointment
shall be issued to a person who meets all the requirementsfor the position to
FACTS: which he is being appointed except the appropriate civilservice eligibility:
Engineer Darangina was a development management officer V in theOffice of Provided, that such temporary appointment shall notexceed 12 mos., but the
Muslim Affairs (OMA). He was extended a temporary appointee may be replaced sooner if a qualifiedcivil service eligible becomes
promotionalappointment as Director III, Plans and Policy Services. CSC approv available.
ed thetemporary appointment.New OMA Executive Director terminated
the appointment, ground: Not CareerExecutive Service
Eligible.CSC diaprroved the appointment of the replacement who was also no
teligible, and granted that the Darangina should be paid backwages until
theexpiration of his 1 yr temporary appointment.CA reinstated Darangina.

ISSUE/S:
Whether Darangina should be reinstated.

HELD:
CA REVERSED. Petition GRANTED. No reinstatement & back wages,only salary
from appointment until termination. With the expiration of histerm upon his
replacement, trhere is no longer any remaining term to
beserved.Administrative Code of 1987Book VTitle ISubtitle AChapter 5Section
27. Employment Status. – Appointment in the career service shall
bepermanent or temporary.(1)Permanent Status. A permanent appointment
shall be issued to a personwho meets all the requirements for the position to
which he is beingappointed, including appropriate eligibility prescribed, in
accordance
withthe provisions of law, rules and standards promulgated in pursuancether
eof.(2)Temporary Appointment. In the absence of eligible persons and itbeco
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