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Dennis B. Funa Vs. Executive Secretary Eduardo R. Ermita, Office of the President [ CONCURRING OPINION, CARPIO MORALES, J. ]

DENNIS A. B. FUNA, Petitioner, versus EXECUTIVE SECRETARY EDUARDO R. ERMITA, Office of the President, SEC. LEANDRO R. MENDOZA, in his official capacity as Secretary of the Department of Transportation and Communications, USEC. MARIA ELENA H. BAUTISTA, in her official capacities as Undersecretary of the Department of Transportation and Communications and as Officer-in-Charge of the Maritime Industry Authority (MARINA), Respondents

G.R. No. 184740 | 2010-02-11

CONCURRING OPINION


CARPIO MORALES, J.:

I concur with Justice Martin Villarama, Jr. in his ponencia declaring unconstitutional the designation of respondent Maria Elena Bautista (Bautista) as Officer-in-Charge (OIC) of the Office of the Administrator of the Maritime Industry Authority (MARINA) in a concurrent capacity with her position as Undersecretary for Maritime Transport of the Department of Transportation and Communications (DOTC).

A quick rundown of the facts shows that Bautista was appointed as DOTC Undersecretary in October 2006 and was designated as OIC Administrator of MARINA on September 1, 2008. On January 5, 2009, she was...