AMID THE pandemic, one of the personalities that stands out is RICHARD “DICK” GORDON. Not in his capacity as a Senator though, but at the helm of Philippine Red Cross, the country’s forerunner in disaster management, health and social services.
I remember a few years back, one of my students asked me, “Can Richard Gordon be a Senator and at the same time the Chairman of the Philippine Red Cross?” I couldn’t help but ask, “Why can’t he hold two offices at the same time?” My student answered, “He can’t because Philippine Red Cross is a government agency.”
Now it can be told. The Philippine Red Cross is not a government office or an office in a government-owned or controlled corporation. Being such, Senator Richard Gordon is allowed to remain as Chairman of the Philippine Red Cross and at the same time, serve as Senator of the country. This was the discussion of the Honorable Supreme Court in the case of Dante Liban vs. Richard Gordon (G.R. No. 175352, January 18, 2011), that;
Based on the above, the sui generis status of the PNRC is now sufficiently established. Although it is neither a subdivision, agency, or instrumentality of the government, nor a government-owned or -controlled corporation or a subsidiary thereof, as succinctly explained in the Decision of July 15, 2009, so much so that respondent, under the Decision, was correctly allowed to hold his position as Chairman thereof concurrently while he served as a Senator, such a conclusion does not ipso facto imply that the PNRC is a “private corporation” within the contemplation of the provision of the Constitution, that must be organized under the Corporation Code. As correctly mentioned by Justice Roberto A. Abad, the sui generis character of PNRC requires us to approach controversies involving the PNRC on a case-to-case basis.
where it was penultimately ruled that,
“WHEREFORE, we declare that the office of the Chairman of the Philippine National Red Cross is not a government office or an office in a government-owned or controlled corporation for purposes of the prohibition in Section 13, Article VI of the 1987 Constitution.
SO ORDERED.”
What is prohibited under Section 13, Article VII of the 1987 Constitution, is that;
Sec. 13. 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.
On the other hand, Section 7, paragraph (2), Article IX-B reads:
Sec. 7. x x x
Unless otherwise allowed by law or the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.
Considering that the Philippine Red Cross, because of its sui generis character, is not a government office or an office in a government-owned or controlled corporation, there is, thus, no prohibition for the good Senator Richard Gordon to take both posts.
As it is, Senator Richard Gordon’s Chairmanship of the Philippine Red Cross is compatible with his being a Senator as the territory over which he could exercise his jurisdiction in both posts is technically the same. In fact, his being a Senator is a plus factor in implementing the mandates of the Philippine Red Cross which include disaster management services, blood services, health services, social services, youth and volunteer services all over the country.
It cannot be denied that the Philippine Red Cross soared to greater heights when Senator Richard Gordon spearheaded the same since 1986 to the present. In a somewhat disaster-stricken country, the Philippine Red Cross was visible – from the 1991 Mt. Pinatubo eruption, the landslides in Aurora, Quezon, the typhoons that continually beset the country and even during the controversial PhilSports Arena stampede.
As the country attempts to hurdle the pandemic situation, the Philippine Red Cross is not far behind with its own efforts. Early this year, the Philippine Red Cross rolled out its own saliva RT-PCR testing centers all over the country, with shorter processing time for results and cheaper costs. Of late, the Philippine Red Cross established Emergency Covid-19 Field Hospitals and set up airconditioned tents at some hospitals to serve as additional facilities for covid-19 patients. Of late, Senator Richard Gordon pushes for the immediate vaccination not only of front liners, but also the families of front liners.
From the looks of it, Philippine Red Cross is not an incompatible office, but in fact, complements the good Senator’s office. As Foreign Affairs Secretary Teddy Boy Locsin Jr. tweeted in his account, “Without Dick (Gordon) you’d all be dead.” in appreciation of Senator Richard Gordon and the Philippine Red Cross’ efforts to curb the surge of Covid-19 in the country.
