SC ruling on dual position ‘moot and academic’, says Marina chief

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MOOT and academic. This was the comment of Ma. Elena Bautista to a Supreme Court (SC) decision declaring as unconstitutional her dual government posts: as administrator of the Maritime Industry Authority (Marina) and undersecretary of the Department of Transportation and Communications (DOTC).

The SC ruled on Monday that Section 13, Article VII of the 1987 Constitution bans multiple positions or officers in government. “The practice of holding multiple offices or positions in Government led to abuses by unscrupulous public officials, who took advantage of this scheme for purposes of self-enrichment,” the SC said.

Bautista said the high court ruling is, however, no longer valid as she already relinquished her position as transport undersecretary for Maritime Affairs in favor of becoming a full-fledged Marina administrator.

Two months after her appointment to Marina in September 2008, Bautista admitted occupying the DOTC undersecretary position. But in October 2008, the latter was transferred to former Land Transportation Franchising and Regulatory Board chair General Thompson Lantion.