SC: Dual appointment of Agra in 2010 unconstitutional

MANILA, Philippines - The Supreme Court (SC) yesterday declared unconstitutional the dual appointment of Alberto Agra as acting justice secretary and solicitor general in 2010.

The high court’s public information office said the justices unanimously voted that Agra’s holding of two concurrent positions was in violation of the 1987 Constitution.

Based on Sec. 13, Art. VII, the law prohibits the holding of dual or multiple positions in government of an official.

But the SC-PIO clarified: “However, the SC declares that Agra was a de facto officer, and thus his acts were valid for all purposes.”

The ruling, penned by Associate Justice Lucas Bersamin, was not immediately released by the high court pending completion of signature of justices.

Agra was appointed solicitor general by then President Gloria Macapagal-Arroyo in January 2010. Two months later, he was designated as acting Justice secretary.

The petition against Agra was filed by lawyers Dennis Funa and Melanio Elvis Balayan, who argued that a “highly anomalous and unethical situation” arose when Agra sat on the Judicial and Bar Council (JBC) to interview applicants and nominees for the 15 justices of the high court, where he also appears and argues as government legal counsel.