Facts:On October 4, 2006, President Arroyo appointed respondent Maria Elena H. Bautista as Undersecretary ofDOTC, vice Agustin R. Bengzon. Bautista wasdesignated as Undersecretary for Maritime Transport of thedepartment under Special Order No. 2006-171 dated October 23, 2006.On September 1, 2008, followingthe resignation of then MARINA Administrator Vicente T. Suazo, Jr., Bautista was designated as Officer-in-Charge (OIC), Office of the Administrator, MARINA, in concurrent capacity as DOTC Undersecretary.OnOctober 21, 2008, Dennis A. B. Funa in his capacity as taxpayer, concernedcitizen and lawyer, filed theinstant petition challenging the constitutionality of Bautista’s appointment/designation, which is proscribed by the prohibition on thePresident, Vice-President, the Members of the Cabinet, and theirdeputies andassistants to hold any other office or employment.On January 5, 2009, during the pendency ofthis petition, Bautista wasappointed Administrator of the MARINA vice Vicente T. Suazo, Jr. and sheassumedher duties and responsibilities as such on February 2, 2009.