A petition has been filed with the Supreme Court seeking to declare as unconstitutional Vice President Jejomar Binay’s holding of the position as national president of the Boy Scouts of the Philippines (BSP).
In a 15-page petition for certiorari and prohibition, lawyer Jesus Nicardo Falcis also asked the high court to issue a restraining order to stop Binay from discharging the functions and duties of the BSP president.
Falcis 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.”
Petitioner said BSP President is neither a cabinet position nor is he occupying it in an ex-officio capacity thus it does not fall under the exceptions allowed by law.
Falcis said he is entitled to the issuance of a TRO to restrain Binay from discharging the functions and duties of the President of 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 the president of 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,” the petitioner insisted. AU