A LAWYER on Friday filed a petition before the Supreme Court (SC) seeking to declare as unconstitutional the holding by Vice President Jejomar C. Binay of the national presidency of the Boy Scouts of the Philippines (BSP) concurrently.
In a 15-page petition for certiorari and prohibition, lawyer Jesus Nicardo Falcis also sought the immediate issuance of a temporary restraining order (TRO) to enjoin Binay, who is eyeing the country’s presidency in 2016, for discharging the functions and duties of the BSP president.
Falcis argued that Binay acted with grave abuse of discretion in holding another office during his tenure as vice president. He said Binay is covered by the prohibition under Section 13, Article VII of the Constitution.
The said provision states: “The President, Vice President, the Members of the Cabinet and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the government or any subdivision, agency, or instrumentality thereof, including government-owned or -controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.”
Falcis said he is entitled to the issuance of a TRO to restrain Binay from discharging the functions and duties of the president of the BSP, as he has a “clear and unmistakable right to be protected”; “there is material and substantial invasion of such right”; and “there is an urgent need for the writ to prevent irreparable injury to the applicant.”
“Petitioner submits that the continued holding by Binay of the office of president of the BSP concurrently with the Office of the Vice President constitutes irreparable injury, since the invasion of petitioner’s right cannot be adequately compensated in damages,” Falcis insisted.
source: Business Mirror
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