FUNA V. CIVIL SERVICE COMMISSION, G.R. No.

191672, November 25, 2014

TOPIC Executive Department; Powers and Functions of the President; Special Powers; Executive Clemencies

PARTIES 1. Petitioner: DENNIS A. B. FUNA

2. Respondents: THE CHAIRMAN, CIVIL SERVICE COMMISSION, FRANCISCO T. DUQUE III, EXECUTIVE SECRETARY LEANDRO R. MENDOZA, OFFICE OF THE
PREIDENT

ANTECEDENTS 1. In 2010, then President Gloria Macapagal-Arroyo appointed Francisco T. Duque III (Duque) as Chairman of the Civil Service Commission, which was
thereafter confirmed by the Commission on Appointments.
2. Subsequently, President Arroyo issued Executive Order No. 864 (EO 864). Pursuant to it, Duque was designated as a member of the Board of Directors
or Trustees in an ex officio capacity of the following government-owned or government-controlled corporations: (a) Government Service Insurance
System (GSIS); (b) Philippine Health Insurance Corporation (PHILHEALTH), (c) the Employees Compensation Commission (ECC), and (d) the Home
Development Mutual Fund (HDMF).
3. Petitioner Dennis A.B. Funa, in his capacity as taxpayer, concerned citizen and lawyer, filed the instant petition challenging the constitutionality of EO
864, as well as Section 14, Chapter 3, Title I-A, Book V of Executive Order No. 292 (EO 292), otherwise known as The Administrative Code of 1987, and
the designation of Duque as a member of the Board of Directors or Trustees of the GSIS, PHIC, ECC and HDMF for being clear violations of Section 1 and
Section 2, Article IX-A of the 1987 Constitution.

SC DECISION 1. DECLARED that the President did not act arbitrarily or with abuse, much less grave abuse of discretion in issuing the May 15, 1991 Resolution granting
(Bottomline) on the grounds mentioned therein, executive clemency to respondent governor and that, accordingly, the same is not (without prejudice to criminal
proceedings which have been filed or may be filed against respondent governor), and

2. DENIED the rest of the prayers in the petition for being unmeritorious, moot and academic.

ISSUE(S) SC DECISION RATIO/LEGAL BASIS/DOCTRINES

1. [Petitioner]
The petitioner’s right to
due process violated.