TOPIC: Executive Department- Perquisites and Inhibition

[G.R. No. 83896; February 22, 1991]

Fernan, C.J.

CIVIL LIBERTIES UNION, petitioner,

vs.
THE EXECUTIVE SECRETARY, respondent.

Facts:

In July 1987, then President Corazon Aquino issued Executive Order No. 284 which
allowed members of the Cabinet, their undersecretaries and assistant secretaries to hold other
government offices or positions in addition to their primary positions subject to limitations set
therein. The Civil Liberties Union (CLU) assailed this EO averring that such law is
unconstitutional. The constitutionality of EO 284 is being challenged by CLU on the principal
submission that it adds exceptions to Sec 13, Article 7 of the Constitution which provides:

“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.”

CLU avers that by virtue of the phrase “unless otherwise provided in this Constitution“,
the only exceptions against holding any other office or employment in Government are those
provided in the Constitution, namely: (i) The Vice-President may be appointed as a Member of
the Cabinet under Sec 3, par. (2), Article 7; and (ii) the Secretary of Justice is an ex-officio
member of the Judicial and Bar Council by virtue of Sec 8 (1), Article 8.

Issue:

Is EO 284 is constitutional?

Ruling:
 No, it is unconstitutional. It is clear that the 1987 Constitution seeks to prohibit the
President, Vice-President, members of the Cabinet, their deputies or assistants from holding
during their tenure multiple offices or employment in the government, except in those cases
specified in the Constitution itself and as above clarified with respect to posts held without
additional compensation in an ex-officio capacity as provided by law and as required by the
primary functions of their office, the citation of Cabinet members (then called Ministers) as
examples during the debate and deliberation on the general rule laid down for all appointive
officials should be considered as mere personal opinions which cannot override the constitution’s
manifest intent and the people’s understanding thereof.

In the light of the construction given to Sec 13, Art 7 in relation to Sec 7, par. (2), Art IX-
B of the 1987 Constitution, EO 284 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 2 positions in the government and government
corporations, EO 284 actually allows them to hold multiple offices or employment in direct
contravention of the express mandate of Sec 13, Art 7 of the 1987 Constitution prohibiting them
from doing so, unless otherwise provided in the 1987 Constitution itself.