INCOMPATIBLE AND

FORBIDDEN OFFICES and

RESTRICTIONS ON OTHER
OFFICES AND OFFICER OF THE
GOVERNMENT

CONSTITUTIONAL LAW REVIEW – A

Submitted to:
Justice Romulo Borja

Submitted by:

GROUP 9

Gonzales, Rafael Francesco

Langanlangan, Elixir C.
Mangao, Reynald E.
Pador, Emmil Joy
A. INCOMPATIBLE AND FORBIDDEN OFFICES

Article 7, Section 13: No Senator or Member of the House of Representatives may 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, during his term without forfeiting his seat. X x x 

Article 7 speaks of two different classes of offices, relevant because of their effect and
the absolute or permissive nature of the prohibition.

The first paragraph of Article 7, Section 14 refers to incompatible offices, the prohibition
is based on the fact that a member of Congress may not serve two branches of
government without having his loyalty split between them, to the detriment of the
independence of the legislature and the doctrine of separation of powers.  

However, said prohibition is not absolute. What is prohibited is simultaneous holding of

that office and the seat in the Congress.  The duration for the prohibition is only during
his tenure, thus a member of Congress may validly accept an appointment or hold
another government office with the effect if this being that he automatically forfeits his
seat in Congress, thus ending his term and curing the “incompatibility”

x x x Neither shall he be appointed to any office which may have been created or the
emoluments thereof increased during the term for which he was elected.

The second paragraph of Article 7, Section 13 refers to Forbidden Offices. Under this
principle, a member of the legislature may not be appointed to any office in the
government that has been created or the emoluments thereof have been increased
during his term. Here, the rationale for the prohibition is not incompatibility, but to
prevent trafficking in public office. The evil sought to be prevented here is the
maneuvering of unscrupulous legislators to create lucrative posts and have themselves  
appointed therein. 

In contrast with an incompatible office, a forbidden office is absolutely prohibited and

extends not only to his tenure but to his entire term. The reason being that
incompatibility may be cured by simply ending the tenure, but no such reconciliation
exists in a prohibited office.  The effect of this is that even if a legislator would elect to
forfeit his seat, he still would not be able to be appointed to a forbidden office.

This provision does not apply to elective offices, which are filled by the voters
themselves. Alas, the appointment of a member of the Congress to the forbidden office is
not allowed only during the term for which he was elected, when such office was created
or its emoluments were increased.
B. OTHER INHIBITIONS & DISQUALIFICATIONS

Article 6, Section 14: No Senator or Member of the House of Representatives may

personally appear as counsel before any court of justice or before the Electoral
Tribunals, or quasi-judicial and other administrative bodies. 

Neither shall he, directly or indirectly, be interested financially in any contract with,
or in any franchise or special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including any government-owned
controlled corporations, or its subsidiary, during his term of office. 

He shall not intervene in any matter before any office of the Government or where he
may be called upon to act on account of his office.

The first paragraph of Article 7(14) prohibits the appearance of lawyer-legislators as

counsel in the above named bodies. The regard upon which legislators are held is of
undeniable consequence thus the disqualification is meant to prevent the exertion of
undue influence, deliberately or not, upon the body where he is appearing.  However,
since it is his apparent influence that creates the issue, a lawyer-legislator may still
engage in the practice of his profession but when it comes to trials and hearings before
the bodies’ above-mentioned, appearance may be made not by him but by some other
member of his law office. 

The second paragraph prohibits legislators from financial involvement in any contract
with the government. The rationale of this is to prevent abuse from members of
Congress of using their influence to put themselves into advantageous positions.

OFFICE OFFICER RESTRICTIONS/PROHIBITIONS

EXECUTIVE 1. President 1. Shall not receive any other emolument
DEPARTMENT 2. Vice President from the Government or any other source.
(Art. VII, Sec. 6) 
2. Shall not hold any other office or
employment, unless otherwise provided in
the constitution. (Art. VII, Sec. 13) 
3. Shall not practice any other profession.
(Art. VII, Sec.  13) 
4. Shall not participate in any business.
(Art. VII, Sec. 13) 
5. Shall not 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. (Art. VII, Sec. 13) 
6. Shall strictly avoid conflict of Interest.
(Art. VII, Sec.  13) 
7. May not appoint spouse or relatives by
consanguinity or affinity within the fourth
civil degree as members of Constitutional
Commissions, or the Office of
the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of
bureaus or offices, including government-
owned or controlled corporation and
their subsidiaries. (Art. VII, Sec. 13) 
8. No loan, guaranty, or other form of
financial accommodation for any business
purpose may be granted, directly or
indirectly, by any government- owned
or controlled bank or financial institution to
the President, the Vice President, the
Members of the Cabinet, the Congress, the
Supreme Court and the Constitutional
Commissions, the Ombudsman, or to any
firm or entity in which they have controlling
interest, during their tenure. (Art XI, Sec
16,)
9. Disclosure of assets (Art. XI, Sec 17)
LEGISLATIVE 1. Senators 1. No Senator or Member of the House of
DEPARTMENT 2. Members of the Representatives may hold any other office
House of or employment in the Government, or any
Representatives subdivision, agency, or instrumentality
thereof, including government- owned or 
controlled corporations or their
subsidiaries, during his  term without
forfeiting his seat. (Art VI, Sec 13) 
2. Neither shall he be appointed to any
office which may have been created nor the
emoluments thereof increased during the
term for which he was elected. (Art VI, Sec
13) 
3. No Senator or Member of the House of
Representatives may personally appear as
counsel before any court of  justice or
before the Electoral Tribunals, or quasi-
judicial  and other administrative bodies.
(Art. VI, Sec 14)
4. Neither shall he, directly or indirectly,
be interested  financially 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 corporation, or its  subsidiary,
during his term of office. 
5. He shall not intervene in any matter
before any office of the Government for his
pecuniary benefit or where he may be called
upon to act on account of his office. (Art VI,
Sec  14) 
6. He shall not intervene in any cause or
matter before any office of the government
for his pecuniary benefit or where he may
be called upon to act on account of his office
or to give his vote as member of Congress.
(Art VI, Sec 14) 
7. Member of Congress is disqualified to
hold two classes of office, namely: 

(a) Incompatible Office; and

(b) Forbidden Office.

8. No candidate who has lost in any

election shall, within one year after such
election, be appointed to any office of the
Government or any Government-owned or
controlled corporations or in any of their
subsidiaries. (Art IX-B, Sec 6)
9. No elective official shall be eligible for
appointment or designation in any capacity
to any public office or position during his
tenure. (Art IX-B, Sec 7) 
10. No elective or appointive public officer
or employee shall receive additional,
double, or indirect compensation, unless
specifically authorized by law, nor accept
without consent of the Congress, any
present, emolument, office, or title of any
kind from any foreign government.
Pensions or gratuities shall not be
considered as additional, double or indirect
compensation. (Art IX-B, Sec 8) 
11. No loan, guaranty, or other form of
financial accommodation for any business
 purpose may be granted, directly or
indirectly, by any government- owned or
controlled bank or financial institution to
the President, the Vice President, the
Members of the Cabinet, the Congress, the
Supreme Court and the Constitutional
Commissions, the Ombudsman, or to any
firm or entity in which they have controlling
interest, during their tenure. (Art XI, Sec
16) 
12. Disclosure of assets (Art. XI, Sec 17)

JUDICIAL 1. Supreme Court 1. The Members of the Supreme Court and

DEPARTMENT Justices of other courts established by law shall not
2. Collegiate be designated to any agency performing
Appellate Courts quasi-judicial or administrative functions.
Justices (Art  8 Sec 12) 
3. Judges 2. 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. ( Art IX-B Sec 7) 
3. No elective or appointive public officer
or employee shall receive additional,
double, or indirect compensation, unless
specifically authorized by law, nor accept
without consent of the Congress, any
present, emolument, office, or title of any
kind from any foreign
government. Pensions or gratuities shall not
be considered as additional, double or
indirect compensation. (Art IX-B Sec 8) 
4. No elective or appointive public officer
or employee shall receive additional,
double, or indirect compensation, unless
specifically authorized by law, nor accept
without consent of the Congress, any
present, emolument, office, or title of any
kind from any foreign government. 
5. Pensions or gratuities shall not be
considered as additional, double or indirect
compensation. (Art IX-B Sec 8)
CONSTITUTIONAL Commission on 1. No member shall hold any other office
COMMISSIONS Elections or employment
1. Chairman 2. He may not practice any profession. 
2. Commissioners 3. May not be in active management or
control of any business, which may be
affected by the function of his office.
4. May not be financially interested in any
contract with or in any franchise or
privilege granted by the government, any of
its subdivisions, agencies,
or instrumentalities, including government-
owned or controlled corporations or their
subsidiaries (Art. IX-A,  Sec 2) 
5. The appointment of the Chairman and
the  Commissioners shall be for a term of
seven years without  reappointment (Art IX
– B, Sec 2) 
6. No loan, guaranty, or other form of
financial accommodation for any business
purpose may be granted, directly or
indirectly, by any government- owned
or controlled bank or financial institution to
the President, the Vice President, the
Members of the Cabinet, the Congress, the
Supreme Court and the
Constitutional Commissions, the
Ombudsman, or to any firm or entity
in which they have controlling interest,
during their tenure.  (Art XI, Sec 16) 
7. Disclosure of assets (Art. XI, Sec 17)
Civil Service 1. No member shall hold any other office or
Commission employment (Art. IX-A, Sec 2) 
1. Chairman 2. He may not practice any profession. (Art. IX-
2. Commission A, Sec 2) 
ers 3. May not be in active management or control
of any business which may be affected by
the function of his office. (Art. IX-A, Sec 2) 
4. May not be financially interested in any
contract w/ or in any franchise or privilege
granted by the government, any of its
subdivisions, agencies, or
instrumentalities, including government-
owned or controlled corporations or their
subsidiaries (Art. IX-A, Sec 2) 
5. The appointment of the Chairman and the
Commissioners shall be for a term of seven
 years without reappointment (Art. IX – B,
Sec. 2) 
6. No officer or employee in the civil service
shall engage, directly or indirectly, in any
electioneering or partisan political
campaign. (Art IX–B, Sec 2 par.4) 
7. No loan, guaranty, or other form of
financial accommodation for any business
purpose may be granted, directly or
indirectly, by any government- owned
or controlled bank or financial institution to
the President, the Vice President, the
Members of the Cabinet, the Congress, the
Supreme Court and the
Constitutional Commissions, the
Ombudsman, or to any firm or entity
in which they have controlling interest,
during their tenure.  (Art XI, Sec 16) 
8. Disclosure of assets (Art. XI, Sec 17)
Commission on 1. No member shall hold any other office or
Audit employment.  (Art. IX-A, Sec 2) 
1. Chairman 2. He may not practice any profession. (Art. IX-
2. Commission A, Sec 2) 
ers 3. May not be in active management or control
of any business, which may be affected by
the function of his office. (Art. IX-A, Sec 2) 
4. May not be financially interested in any
contract with or in any franchise or
privilege granted by the government, any of
its subdivisions, agencies,
or instrumentalities, including government-
owned or controlled corporations or their
subsidiaries (Art. IX-A,  Sec 2) 
5. The appointment of the Chairman and the
Commissioners shall be for a term of seven
years without reappointment (Art. IX – B,
Sec 2) 
6. No loan, guaranty, or other form of
financial accommodation for any business
purpose may be granted, directly or
indirectly, by any government- owned
or controlled bank or financial institution to
the President, the Vice President, the
Members of the Cabinet, the Congress, the
Supreme Court and the
Constitutional Commissions, the
 Ombudsman, or to any firm or entity
in which they have controlling interest,
during their tenure.  (Art XI, Sec 16) 
7. Disclosure of assets (Art. XI, Sec 17)
OFFICE OF THE 1. Ombudsman 1. No member shall hold any other office
OMBUDSMAN 2. Deputies or employment (Art. IX-A, Sec 2) 
2. He may not practice any profession.
(Art. IX-A, Sec 2) 
3. May not be in active management or
control of any business which may be
affected by the function of his office. (Art.
IX-A, Sec 2) 
4. May not be financially interested in any
contract with or in any franchise or
privilege granted by the government, any of
its subdivisions, agencies,
or instrumentalities, including government-
owned or controlled corporations or their
subsidiaries (Art. IX-A,  Sec 2) 
5. The Ombudsman and his Deputies shall
serve for a term of seven years without
reappointment. They shall not be qualified
to run for any office in the election
immediately succeeding their cessation
from office. (Art XI, Sec. 11) 
6. No loan, guaranty, or other form of
financial accommodation for any business
purpose may be granted, directly or
indirectly, by any government- owned
or controlled bank or financial institution to
the President, the Vice President, the
Members of the Cabinet, the Congress, the
Supreme Court and the
Constitutional Commissions, the
Ombudsman, or to any firm or entity
in which they have controlling interest,
during their tenure.  (Art XI, Sec 16) 
7. Disclosure of assets (Art. XI, Sec 17)