SC rules Bautista can't hold DOTC, Marina posts simultaneously

February 15, 2010 11:09 pm 

MANILA, Feb. 15 — Department of Transportation and Communications (DOTC) Undersecretary Maria Elena Bautista can not head the Maritime Industry Authority (Marina) as officer-in-charge (OIC), the Supreme Court (SC) ruled on Monday.

In an 18-page decision penned by Associate Justice Martin Villarama Jr., the SC said that Bautista can not assume the said position and as DOTC undersecretary at the same time.

The Marina is an attached agency of the DOTC.

The SC explained that the designation of only one for the two posts would not ensure an effective counter checking of functions since the DOTC undersecretary for maritime transport should be checking the actions of the Marina chief.

It ruled that holding of the two positions at the same time is a clear violation of Section 13, Article VII of the 1987 Constitution.

The case arose after Atty. Dennis Funa filed before the SC a petition for certiorari, prohibition and mandamus with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction on Oct. 21, 2008 after President Gloria Macapagal-Arroyo appointed Bautista as Marina OIC. (PNA) vcs/LOR/PTR

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