Alberto Agra's dual positions unconstitutional, void — SC

The Supreme Court on Tuesday declared as illegal Alberto Agra's holding of two concurrent positions — as acting Department of Justice secretary and Solicitor General — during the tail-end of the Arroyo administration. The ruling stemmed from a petition filed by  lawyers Dennis Funa and Melanio Elvis Balayan, who said Agra’s two positions are unconstitutional because it runs counter to Article 7, Section 13 of the Constitution prohibiting dual or multiple positions in the government. "The SC today unanimously held in Funa v Agra that the designation of then acting Sec. of Justice Alberto Agra as secretary of Justice concurrent with his designation as acting solicitor general was unconstitutional and void," the Supreme Court Public Information Office told reporters in a text message. The resolution voiding Agra's dual posts was written by Justice Lucas Bersamin. The Supreme Court, however, clarified that its latest ruling does not nullify Agra's acts while sitting in those two positions. "The SC declares that Agra was a de facto officer and thus his acts were valid for all purposes," it said. Agra, an Acting Solicitor General, was appointed to the DOJ post in March 2010 after his predecessor, Agnes Devanadera, resigned to pursue her congressional bid in the first district of Quezon province in that year's elections. Aside from being unconstitutional, Funa said that under Administrative Code of 1987, the Office of the Solicitor General is supposed to be “independent" and “autonomous" from the DOJ. Funa was the same litigant who had successfully challenged the dual position of Elena Bautista as Maritime Industry Authority (Marina) administrator and undersecretary of the Department of Transportation and Communication (DOTC). — Mark Merueñas/KBK, GMA News