SYLLABUS TITLE: Prohibitions: Additional Positions: Executive (Pres and VP) and Appointive (Cabinet Sec,

Usec, Asec)

CASE TITLE: CIVIL LIBERTIES UNION vs. THE EXECUTIVE SECRETARY

FACTS:

 Consolidated PETITIONS to review the order of the Executive Secretary seeking to:
o Declare EO 284 unconstitutional
o Issue extraord prohibition, mandamus and TRO to:
 Direct public respondents to desist from holding questioned positions and from receiving
salaries
 Return, reimburse/refund the received compensations
 EO 284 was issued by Pres. Cory Aquino in 1987 which contemplates that:
o Cabinet Secs, Usecs, Asecs, and other appointive officials of the Exec Dept., may, in addition to his
primary position, hold not more than 2 positions in the gov’t and gov’t corporations (Does not
apply to ad hoc bodies or committees, boards, councils of which President is the Chairman)
o In case of excess, such position shall be relinquished in favor of the subordinate official next in rank
o At least 1/3 of the boards of GOCC should either be Sec, Usec, or Asec.
 EO 284 was promulgated pursuant to DOJ Opinion that Cabinet Members, Deputies and Assistants may
hold other public office, including membership of the boards of GOCCs:
o When directly provided in the Consti
o If allowed by law – referring to EO 284 siguro
o If allowed by the primary functions of their respective positions
 Art. IX-B, Sec. 7. “Unless otherwise allowed by law or by the primary functions of his position, no
appointive official shall hold any other office or employment in the government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.”

ARGUMENTS:

PETITIONER RESPONDENT

CIVIL LIBERTIES UNION; THE EXECUTIVE SECRETARY, et al.

ANTI-GRAFT LEAGUE OF THE PHILIPPINES, INC.
and CRISPIN T. REYES

 EO 284 is contrary to Art. VII, Sec 13 of the Consti  SolGen supported the constitutionality of both DOJ
which prohibits the Pres, VP, Members of the Opinion and EO 284 which was promulgated
Cabinet, and their deputies and assistants from pursuant to the former.
holding any other office or employment during their
tenure, unless otherwise provided in this Consti.
 That Art IX-B Sec 7 only applies to public servants  Maintains that the phrase “unless otherwise
in general and does not cover the Pres, VP, provided in this Constitution” of Sec 13 Art VII refers
Members of the Cabinet, their Deputies and to Art IX-B Sec 7 as far as the appointive officials are
Assistants per Art VII, Sec 13 concerned.
 That the only exception to the limitation are those
explicitly provided in the Consti:
o VP to be appointed as Member of the
Cabinet
o Sec. of Justice as an ex-officio member of
JBC

RULING (Short)

SC – Petition is granted with qualifications:

 EO 284 declared null and void, set aside
  Public respondents ordered to relinquish their
other offices as herein defined in the gov’t and
GOCC and their subsidiaries.
 Public respondents as de facto officers of such other
positions, are entitled to the compensations during
their tenure
ISSUES:

Is the prohibition in Sec. 13 of Art. VII in regard to Members of the Cabinet, their Deputies and Assistants subject to
broad exceptions made for appointive officials in general under Art. IX-B Sec. 7?

RULING:

No. the prohibition in Sec. 13 of Art. VII in regard to Members of the Cabinet, their Deputies and Assistants is not
subject to broad exceptions made for appointive officials in general under Art. IX-B Sec. 7.

Sec. 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall
not, unless otherwise provided in this Constitution, hold any other office or employment during their
tenure. They shall not, during said tenure, directly or indirectly practice any other profession, participate in any
business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.”

The intent of the framers of the Constitution was to impose a stricter prohibition on the President and his official
family, (VP, Members of the Cabinet, their Deputies and Assistants) in so far as holding other offices or employment
in the government or elsewhere is concerned. The evil sought to be avoided during the time when the Constitution
was framed was the scandalous practice of holding multiple positions by the members of the cabinet during Marcos
regime, collecting excessive compensations therefrom.

In the light of the construction given to Section 13, Article VII in relation to Section 7, par. (2), Article IX-B of the
1987 Constitution, Executive Order No. 284 dated July 23, 1987 is unconstitutional. Ostensibly restricting
the number of positions that Cabinet members, undersecretaries or assistant secretaries may hold in
addition to their primary position to not more than two (2) positions in the government and
government corporations, Executive Order No. 284 actually allows them to hold multiple offices or
employment in direct contravention of the express mandate of Section 13, Article VII of the 1987
Constitution prohibiting them from doing so, unless otherwise provided in the 1987 Constitution itself.

Thus, the prohibition in Sec. 13 of Art. VII in regard to Members of the Cabinet, their Deputies and Assistants is not
subject to broad exceptions made for appointive officials in general under Art. IX-B Sec. 7.

CLARIFICATION IN THE RULING:

To reiterate, the prohibition under Section 13, Article VII is not to be interpreted as covering positions held without
additional compensation in ex-officio capacities as provided by law and as required by the primary functions of the
concerned official’s office. The term ex-officio means “from office; by virtue of office.” It refers to an “authority
derived from official character merely, not expressly conferred upon the individual character, but rather annexed to
the official position.” Ex-officio likewise denotes an “act done in an official character, or as a consequence of office,
and without any other appointment or authority than that conferred by the office.” An ex-officio member of a board
is one who is a member by virtue of his title to a certain office, and without further warrant or appointment.
Examples:

1. Sec. of Finance and Budget sitting as members of the Monetary board

2. Secretary of Transportation and Communications acting as Chairman of the Maritime Industry Authority
and the Civil Aeronautics Board

It bears repeating though that in order that such additional duties or functions may not transgress the prohibition
embodied in Section 13, Article VII of the 1987 Constitution, such additional duties or functions must be required by
the primary functions of the official concerned, who is to perform the same in an ex-officio capacity as provided by
law, without receiving any additional compensation therefor.