Case Digest

Funa vs Agra 691 SCRA 196 (2013)

Ponente: Bersamin J

Facts:
-Alberto Agra was appointed as Acting Sec of Justice and Acting Solicitor General in
concurrent capacity by then President Arroyo.
-Dennis Funa, petitioner in his capacity as taxpayer challenge the constitutionality of
Agra holding two positions, claiming it to be prohibited under Sec 13, Article VII of the
1987 Constitution.

Issues:
- Did the designation of Agra as the Acting Secretary of Justice concurrently with his
position of Acting Solicitor General was unconstitutional and void for being in violation of
the constitutional prohibition under sec 13, Article VII of the 1987 Constitution.

Ruling:
-SC grants the petition for certiorari and prohibition; annuls and voids the designation of
Agra as the Acting Secretary in concurrent capacity with his position as the Acting
Solicitor General for being unconstitutional and violative of Sec 13, Article VII of the
1987 Consti and declares that Agra was a de-facto officer during his tenure as Acting
Sec of Justice.

A de-factor officer is one who derives his appointment from one having colorable
authority to appoint, if the office is an appointive office, and whose appointment is valid
on its face.