Dela Cruz v. COA
November 29, 2001 ELEANOR DELA CRUZ, FEDERICO LUCHICO, JR., SOLEDAD EMILIA CRUZ, JOEL LUSTRIA, HENRY PAREL, HELENA HABULAN, PORFIRIO VILLENA, JOSEPH FRANCIA, CARMELLA TORRES, JOB DAVID, CESAR MEJIA, MA. LOURDES V. DEDAL, ALICE TIONGSON, REYDELUZ CONFERIDO, PHILIPPE LIM, NERISSA SANCHEZ, MARY LUZ ELAINE PURACAN, RODOLFO QUIMBO, TITO GENILO and OSCAR ABUNDO, as MEMBERS OF THE BOARD OF THE NATIONAL HOUSING AUTHORITY FROM THE PERIOD COVERING 11! 1", petitioners 1", petitioners,, vs. COMMISSION ON AUDIT, #$%#$s$n&$d '( )&s COMMISSIONERS, COMMISSIONERS , respondents. respondents. Sandoval-Gutierrez, J.: J.: NATURE* Certiorari NATURE* Certiorari under ROC 6. !"tion arisin# $rom a CO! disallo%an"e FACTS • •
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O++)$ )n-/-$d* National )n-/-$d* National &ousin# !ut'orit( )N&!* O++)$#s )n-/-$d* O$$i"ials )n-/-$d* O$$i"ials o$ various Cabinet-level de+artments %'o sat on t'e N&! oard as alternates o$ t'e Cabinet se"retaries %'o %ere e-o$$i"io members o$ t'e N&! oard, b( virtue o$ / )t'e N&! a%* 34&5 !45RN!45S. !45RN!45S. Se+. 19, 199 7 8n "om+lian"e %it' t'e rulin# in Civil Liberties Union v. Executive Executive Secretary , t'e Commission on !udit )CO!* issued a memorandum statin# t'at 5O 2 'ad been de"lared un"onstitutional inso$ar as it allo%s Cabinet members, t'eir de+uties, and assistants to 'old ot'er o$$i"es; and dire"tin# its desi#nated auditors in all national #overnment o$$i"es to: )00$d)a&$/( as$ &2$ d)sa//3an$ o$ d)sa//3an$ o$ additional "om+ensationeb. 22, 1991 o O"t. 2?, 199 7 N&! Resident !uditor Salvador @!SAB5 @!SAB5 t'us issued a Noti"e o$ /isallo%an"e a#ainst t'e +a(ment o$ re+resentation allo%an"es and +er diems to t'e Cabinet members %'o %ere e-o$$i"io members o$ t'e N&! oard and
ISSUE 4HELD5* E
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Bnder o$ t'e N&! a%, t'e $ollo%in# Cabinet Se"retaries are mandated to sit in t'e N&! oard: Se"retar( o$ ubli" EorDs, 4rans+ortation, 4rans+ortation, and Communi"ations o Se"retar( o$ >inan"e o Se"retar( o$ abor o Se"retar( o$ 8ndustr( o 5e"utive Se"retar( o N5/! /ire"tor-General o E'ile t'e alternates are not t'ese o$$i"ials, t'e( are t'eir alternates, F acts shall be alternates, and still under , t'eir Facts considered the acts of their principals. principals . CLU v. Executive Executive Secretary Secretary is "ontrollin# "ontrollin#:: F The prohibition prohibition against against holding dual or multiple multiple offices or employment under Section 1! "rticle #$$ of the Constitution must not! ho%ever! be construed as applying to posts occupied by the Executive officials specified therein %ithout additional compensation in an ex&officio capacity as provided by la% and as re'uired by the primary functions of said officials( office. The reason is that these posts do not comprise )any other office( %ithin the contemplation of the constitutional prohibition but are properly an imposition of additional duties and functions on said officials. officials.
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On &2$ &$#0 $6!++))* FThe term ex officio means )from office* by virtue of office(. $t refers to an )authority derived from official character merely! not expressly conferred upon the individual character! but rather annexed to the official position.( Ex officio li+e%ise denotes an )act done in an official character! or as a conse'uence of office! and %ithout any other appointment or authority than that conferred by the office.( "n ex officio member of a board is one %ho is a member by virtue of his title to a certain office! and %ithout further %arrant or appointment. On &2$ #)72& & #$$)-$ #$0n$#a&)n +# an $6 ++)) %s)&)n* HThe ex officio position being actually and in legal contemplation part of the principal office! it follo%s that the official concerned has no right to receive additional compensation for his services in the said position. The reason is that these services are already paid for and covered by the compensation attached to his principal office. $t should be obvious that if! say! the Secretary of ,inance attends a meeting of the -onetary oard as an ex officio member thereof! he is actually and in legal contemplation performing the primary function of his principal office in defining policy in monetary ban+ing matters! %hich come under the /urisdiction of his department. ,or such attendance! therefore! he is not entitled to collect any extra compensation! %hether it be in the form of a per diem or an honorarium or an allo%ance! or some other such euphemism. y %hatever name it is designated! such additional compensation is prohibited by the Constitution.H CAB* etitioner o$$i"ials %'o are on t'e N&! oard as !45RN!45S o$ t'e Cabinet members and e-o$$i"io members o$ t'e N&! are +ro'ibited $rom re"eivin# additional "om+ensation. 4o rule ot'er%ise %ould be #ivin# t'e alternates a better ri#'t t'an t'eir +rin"i+als. 4'e alternates "annot re"eive t'e "om+ensation to %'i"' t'eir +rin"i+als are not entitled to in t'e $irst +la"e.
DISPOSITION* etition dismissed.
