SC gives Agra 10 days to justify his dual posts

The Supreme Court on Wednesday gave Alberto Agra 10 days to formally answer a petition questioning his dual positions as acting chief of the Department of Justice (DOJ) and Solicitor General. The petition was 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, which prohibits dual or multiple positions in the government. Agra, an Acting Solicitor General, was appointed to the DOJ post last March 1 after his predecessor, Agnes Devanadera, resigned to pursue her congressional bid in the first district of Quezon province. Aside from being unconstitutional, Funa said that under Administrative Code of 1987, the Office of the Solicitor General (OSG) is supposed to be “independent" and “autonomous" from the DOJ. Agra is currently under fire for clearing two members of the powerful Ampatuan family in the Maguindanao massacre case. In a resolution issued last week, Agra said there is no sufficient evidence to charge Zaldy Ampatuan and cousin Akmad Ampatuan with multiple murder in connection with the massacre of 57 people in Maguindanao province last Nov. 23. 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). The Supreme Court removed Bautista on the ground that she cannot hold dual posts. According to Funa and Balayan, the same constitutional provision and principle applies to Agra’s case. - KBK, GMANews.TV