November 5, 1998
DAR OPINION NO. 107-98
PARO MITTAMAN T . ARUMPAC, AL-HAJ
DAR-Provincial Office
Magtaas Bldg., Tibanga Highway
Iligan City
Dear PARO ARUMPAC:
This has reference to your letter dated 22 July 1998 addressed to then Director Jose T. Domingo of PARC Secretariat, which was subsequently indorsed to our Office, requesting the PARC to decide on the issue concerning Col. Gorgonio P. Unde, your former PARCCOM Chairperson, who was nominated and won as a Party-list Representative in the House of Representatives and subsequently signified his intention to continue serving as PARCCOM Chairperson in concurrent capacity.
You state that you received a Memorandum from then PARC Secretariat Director Jose T. Domingo Re: expiration of the appointment of Col. Gorgonio Unde as PARCCOM Chairperson for Lanao del Nome on 20 March 1998; that it is a public knowledge that Mr. Unde was nominated and won as Party-list Representative to Congress under the Small Coconut Farmer Organization (SCFO); that the last time he visited your Office, he presented to you a copy of his proclamation of which you requested him that PARC Secretariat should likewise be furnished a copy thereof; that on the same meeting, he informed you of his intention to continue serving as PARCCOM Chairperson in concurrent capacity; that you did not give him a direct answer since the matter shall be decided by the PARC; and that without pre-empting the decision of the PARC, in case he is allowed, you have no objection to it, having proven his enthusiasm in supporting CARP implementation even outside of your area of coverage.
The memorandum subject of your letter is one dated 24 June 1998 and the pertinent contents thereof are as follows:
24 June 1998
MEMORANDUM
FOR : PARO MITTAMAN ARUMPAC
FROM : PARC SECRETARIAT
SUBJECT : PARCCOM Chairperson with Expired Terms of Office
1) This is to inform you that the appointment of your PARCCOM Chairperson expired on 20 March 1998. Pursuant to PARC EXCOM A.O. No. 1, Series of 1997, however, he/she is expected to continue performing the functions of a PARCCOM Chairperson, in a hold-over capacity until his/her success or has been appointed by the President. Please be informed also that the extension of the terms of office of chairperson was approved by the PARC Executive Committee, in its Meeting held on 24 September 1997.
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3) Meanwhile, may we request you to:
a) Seek the intention of the Chairperson whether or not he/she is still interested to be reappointed. Should the Chairperson decide in favor of being reappointed, request him/her to submit a letter of intent to the PARC Secretariat. The re-appointment of the chairperson, however, will be subject to PARC EXCOM approval;
A perusal of said memorandum would reveal that effective 20 March 1998, the services of Col. Unde as PARCCOM Chairperson had already expired. Thus, he is only on a hold-over capacity, from 21 March 1998 up to the time he was nominated and eventually won as party-list representative of the Small Coconut Farmers Organization (SCFO). Although, even assuming that Col. Unde never filed his certificate of candidacy, but; rather was nominated and had won as party-list representative, thus, not deemed "ipso facto" resigned from being a FARCCOM Chairperson pursuant to Section 66 of Batas Pambansa Bilang 881 (Omnibus Election Code), the fact that he won and eventually assumed office as member of the House of Representatives would nonetheless disqualify him from holding any other position in the government.
Section 13, Article VI of the Philippine Constitution categorically provides for the following:
Sec. 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency or instrumentality thereof, including government owned or controlled corporation or their subsidiaries during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.
From the foregoing provision, it is clear that Col. Unde could not be reappointed as PARCCOM Chairperson without forfeiting his seat as party-list representative of SCFO. As ruled by the Supreme Court, the constitution being the fundamental and paramount law of the nation is also the supreme law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered (Manila Prince Hotel vs. G.S.I.S. et al., G.R No. 122156, Promulgated, February 3, 1997). This implies that in the discharge and administration of public authority or office, it must be in conformity and consonance with the constitution, otherwise, the same will have no force or effect in law.
As to what constitute membership in the House of Representative, Section 5(2) Article VI of the Constitution provides for the following:
Sec. 5(2) — The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party-list. For three consecutive terms after the ratification of this constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth and such other sectors as may be provided by law, except the religious sector.
In view of the aforequoted provisions of the Constitution, the prohibition shall accordingly apply to both categories of members in the House of Representatives, whether he be a Congressman by the direct vote of the people or a Party-list Representative. The reappointment of Congressman Unde as PARCCOM Chairperson in a concurrent capacity should not therefore be given due course for the same would constitute a violation of the Constitution.
Finally, we would like to take this opportunity, however, to express our heartfelt gratitude for Congressman Unde for his religious dedication and utmost support for the Comprehensive Agrarian Reform Program. Accordingly, we still look forward to a better continuing working partnership with him in his present and more distinctive role and capacity as Party-list Representative.
Please be guided accordingly and we hope to have clarified the matters with you.
Very truly yours,
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Atanacia M. Guevarra
OIC — Director
PARC Secretariat