Flores Vs

proscription seeks to prevent, it needs

no stretching of the imagination to
conclude that the proviso contravenes

Drilon Sec. 7, rst par., Art. IX-B, of the

223 SCRA 568
TOPIC: PROHIBITION AGAINST
DESIGNATION OF ELECTIVE OFFICER
Constitution. Here, the fact that the
expertise of an elective o cial may be
most bene cial to the higher interest of
the body politic is of no moment.

DURING TENURE
Facts:
The constitutionality of Sec. 13, par. (d),
of R.A. 7227, otherwise known as the
"Bases Conversion and Development Act
of 1992," under which respondent Mayor
Richard J. Gordon of Olongapo City was
appointed Chairman and Chief Executive
O cer of the Subic Bay Metropolitan
Authority (SBMA)53 , is challenged in this
original petition with prayer for
prohibition, preliminary injunction and
temporary restraining order "to prevent
useless and unnecessary expenditures of
public funds by way of salaries and other
operational expenses attached to the
o ce
unconstitutional as authority for its
It is argued that Sec. 94 of the Local
Government Code (LGC) permits the
appointment of a local elective o cial to
another post if so allowed by law or by
the primary functions of his o ce. But,
the contention is fallacious. Section 94
of the LGC is not determinative of the
constitutionality of Sec. 13, par. (d), of
RA 7227, for no legislative act can
prevail over the fundamental law of the
land. Moreover, since the
constitutionality of Sec. 94 of LGC is not
the issue here nor is that section sought
to be declared unconstitutional, we need
not rule on its validity. Neither can we
invoke a practice otherwise
validity.

Issue: The rst paragraph of section 7 governs

Whether or not said provision of the RA
7227 violates the constitutional
prescription against appointment or
designation of elective o cials to other
government posts.
merely causes the forfeiture of the
Ruling:
Yes.
elective o cials. Unlike the provision for
members of Congress in Article VI,
Section 13 which does not prohibit
acceptance of an appointment but
congressional seat if the holder
accepts an appointment, the present
provision prohibits elective o cials

In the case before us, the subject proviso other than members of Congress from
directs the President to appoint an accepting appointment during their
elective o cial, i.e., the Mayor of tenure. If the elective o cial accepts an
Olongapo City, to other government appointment without rst resigning his
posts (as Chairman of the Board and elective position, the appointment is
Chief Executive O cer of SBMA). Since invalid. Neither, however, does he
this is precisely what the constitutional thereby forfeit his elective seat.
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 Moreover, unlike in the case of
appointive o cers, Congress may not
create an exception to this rule.

Dispositive Portion:
WHEREFORE, the proviso in par. (d),
Sec. 13, of R.A. 7227, which states: “x x
x Provided, however, That for the rst
year of its operations from the e ectivity
of this Act, the Mayor of the City of
Olongapo shall be appointed as the
chairman and chief executive o cer of
the Subic Authority,” is declared
unconstitutional; consequently, the
appointment pursuant thereto of the
Mayor of Olongapo City, respondent
Richard J. Gordon, is INVALID, hence
NULL and VOID.

However, all per diems, allowances and

other emoluments received by
respondent Gordon, if any, as such
Chairman andChief Executive O cer
may be retained by him, and all acts
otherwise legitimate done by him in the
exercise of his authority as o cer de
facto of SBMA are hereby UPHELD.

SO ORDERED.
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