Civil Liberties Union vs. Executive Secretaries G.R. No.

83892 February 22, 1991 Facts: Petitioners: Ignacio P. Lacsina, Luis R. Mauricio, Antonio R. Quintos and Juan T. David for petitioners in 83896 and Juan T. David for petitioners in 83815. Both petitions were consolidated and are being resolved jointly as both seek a declaration of the unconstitutionality of EO No. 284 issued by President Corazon Aquino on July 25, 1987. EO No. 284, according to the petitioners allows members of the Cabinet, their undersecretaries and assistant secretaries to hold other than government offices or position in addition to their primary positions. The pertinent provisions of EO 284 are as follows: Sec 1: A cabinet member, undersecretary or assistant secretary or other appointive officials of the Executive Department may in addition to his primary position, hold not more than 2 positions in the government and government corporations and receive the corresponding compensation thereof. Sec 2: If they hold more positions more than what is required in section 1, they must relinquish the excess position in favor of the subordinate official who is next in rank, but in no case shall any official hold more than two positions other than his primary positions. Sec 3: At least 1/3 of the members of the boards of such corporation should either be a secretary or undersecretary, or assistant secretary. The petitioners are challenging EO 284s constitutionality because it adds exemptions to Section 13 of Article VII other than those provided in the constitution. According to the petitioners, the only exceptions against holding any other office or employment in the government are those provided in the constitution namely: 1. The Vice President may be appointed as members of the cabinet under Section 3 par. 2 of Article VII. 2. The Secretary of Justice is an ex-officio member of the judicial and Bar Council by virtue of Sec 8 of Article VIII ISSUE: Whether or not Executive Order No. 284 is constitutional Held: In light of the construction given to Sec 13 of Article VII, EO No. 284 is unconstitutional. By restricting the number of positions that Cabinet Members, undersecretaries and assistant secretaries may hold in addition to their primary position to not more than two positions in the government and government corporations, EO No. 284 actually allows them to hold multiple offices or employment in direct contravention of the express mandate of Sec 13 of Article 7 of

the 1987 constitution prohibiting them from doing so, unless otherwise provided in the 1987 constitution itself. The phrase unless otherwise provided in this constitution must be given literal interpretation to refer only to those particular instances cited in the constitution itself: Sec 3 Art. VII and Sec 8 Art VIII.

People of the Philippines vs. Manantan G.R. No. L- 14129 July 31, 1962 Facts: Defendant Gillermo Manantan was charged of violation of Sec 54 of the Revised Election Code in the province of Pangasinan. The said section states that no justice, judge, fiscal, treasurer or assessor of any province, no officer or employee of the army, municipal or rural police force and no classified civil service officer or employee should aid any candidate or exert any influence in any manner in any election or take part therein, except to vote, if entitled thereto, or to preserve public, if he is a peace officer. He argued that he, as justice of peace, is not one of the person enumerated in the said section prohibited to aid.

Issue: Whether or not a justice of peace is included in the prohibition of section 54 of the Revised Election Code. Held: Yes, Justice of Peace is included in the prohibition of section 54 of the Revised Election Code. In the case under consideration, it has already been shown that the legislature did not exclude or omit justices of the peace from the enumeration of officers prohibited in engaging in partisan political activities, rather, they were merely called by another term. In Sec 54 of the Revised Election Code, justices of the peace were called Judges.