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Civil Liberties Union v Executive Secretary, 194 SCRA 317 (1991)

Domato, Junaid E.

Facts: The petitioner challenged Executive Order No. 284 which in effect allowed
Cabinet members, their undersecretaries and asst. secretaries and other appointive
officials of the Executive Department to hold other positions in the govt., albeit, subject
of the limitations imposed therein. The respondents, in refuting the petitioners' argument
that the measure was violative of Art. VIII, Sec. 13, invoked Art. IX-B, Sec. 7, allowing
the holding of multiple positions by the appointive official if allowed by law or by the
pressing functions of his positions.
Issue: Whether or not Executive order no. 284 allowed cabinet members and etc. to
hold other positions in the government.
Held: By ostensibly restricting the no. of positions that Cabinet members,
undersecretaries or asst. secretaries may hold in addition to their primary position to not
more than 2 positions in the govt. and GOCCs, EO 284 actually allows them to hold
multiple offices or employment in direct contravention of the express mandate of Art.
VIII, Sec. 13 prohibiting them from doing so, unless otherwise provided in the 1987
Constitution itself. If maximum benefits are to be derived from a dept. head's ability and
expertise, he should be allowed to attend to his duties and responsibilities without the
distraction of other govt. offices or employment.
The stricter prohibition applied to the Pres. and his official family under Sec. 13, Art. VII
as compared to the prohibition applicable to appointive officials in general under Art. IX,

B, Sec. 7, par. 2 are proof of the intent of the 1987 Constitution to treat them as a class
by itself and to impose upon said class stricter prohibitions.
Thus, while all other appointive officials in the civil service are allowed to hold other
office or employment in the govt during their tenure when such is allowed by law or by
the primary functions of their positions, members of the Cabinet, their deputies and
assistants may do so only when expressly authorized by the Constitution itself.
However, the prohibition against holding dual or multiple offices or employment
under Art. VII, Sec. 13 must not be construed as applying to posts occupied by
the Executive officials specified therein w/o addition compensation in an exofficio capacity as provided by law and as required by the primary functions of
said official's office. The reason is that these posts do not comprise "any other
office" w/in the contemplation of the constitutional prohibition but are properly an
imposition of additional duties and function on said officials.