Republic of the Philippines SUPREME COURT Manila EN BANC

G.R. No. 83896 February 22, 1991 CIVIL LIBERTIES UNION, petitioner, vs. THE E ECUTIVE SECRET!R", respondent. G.R. No. 8381# February 22, 1991 !NTI$GR!FT LE!GUE OF THE %HILI%%INES, INC. a&' CRIS%IN T. RE"ES, petitioners, vs. %HILI% ELL! C. (UICO, a) Se*re+ary o, !-rar.a& Re,or/0 C!RLOS 1O2INGUE3, a) Se*re+ary o, !-r.*u4+ure0 LOUR1ES 5UISU2BING, a) Se*re+ary o, E'u*a+.o&, Cu4+ure a&' S6or+)0 FULGENCIO F!CTOR!N, (R., a) Se*re+ary o, E&7.ro&/e&+ a&' Na+ura4 Re)our*e)0 VICENTE V. (!"2E, a) Se*re+ary o, F.&a&*e0 SE1FRE" OR1O8E3, a) Se*re+ary o, (u)+.*e0 FR!N9LIN N. 1RILON, a) Se*re+ary o, Labor a&' E/64oy/e&+0 LUIS S!NTOS, a) Se*re+ary o, Lo*a4 Go7er&/e&+0 FI1EL V. R!2OS, a) Se*re+ary o, Na+.o&a4 1e,e&)e0 TEO1ORO F. BENIGNO, a) %re)) Se*re+ary0 (U!NITO FERRER, a) Se*re+ary o, %ub4.* :or;) a&' H.-<=ay)0 !NTONIO !RRI3!B!L, a) Se*re+ary o, S*.e&*e a&' Te*<&o4o-y0 (OSE CONCE%CION, a) Se*re+ary o, Tra'e a&' I&'u)+ry0 (OSE !NTONIO GON3!LE3, a) Se*re+ary o, Tour.)/0 !LFRE1O R.!. BENG3ON, a) Se*re+ary o, Hea4+<0 REINERIO 1. RE"ES, a) Se*re+ary o, Tra&)6or+a+.o& a&' Co//u&.*a+.o&0 GUILLER2O C!R!GUE, a) Co//.)).o&er o, +<e Bu'-e+0 a&' SOLIT! 2ONSO1, a) Hea' o, +<e Na+.o&a4 E*o&o/.* 1e7e4o6/e&+ !u+<or.+y, re)6o&'e&+). Ignacio P. Lacsina, Luis R. Mauricio, Antonio R. Quintos and Juan T. David for petitioners in 8389 . Antonio P. !orone" for petitioners in 838#$.

FERN!N, C.J.:p These two (2) petitions were consolidated per resolution dated August 9, 1988 1 and are being resolved jointly as both see a declaration o! the unconstitutionality

o! "#ecutive $rder %o. 28& issued by 'resident (ora)on (. A*uino on +uly 2,, 198-. The pertinent provisions o! the assailed "#ecutive $rder are.
/ec. 1. "ven i! allowed by law or by the ordinary !unctions o! his position, a 0e0ber o! the (abinet, undersecretary or assistant secretary or other appointive o!!icials o! the "#ecutive 1epart0ent 0ay, in addition to his pri0ary position, hold not 0ore than two positions in the govern0ent and govern0ent corporations and receive the corresponding co0pensation there!or2 Provided, that this li0itation shall not apply to ad hoc bodies or co00ittees, or to boards, councils or bodies o! which the 'resident is the (hair0an. /ec. 2. 3! a 0e0ber o! the cabinet, undersecretary or assistant secretary or other appointive o!!icial o! the "#ecutive 1epart0ent holds 0ore positions than what is allowed in /ection 1 hereo!, they (sic) 0ust relin*uish the e#cess position in !avor o! the subordinate o!!icial who is ne#t in ran , but in no case shall any o!!icial hold 0ore than two positions other than his pri0ary position. /ec. 4. 3n order to !ully protect the interest o! the govern0ent in govern0ent5 owned or controlled corporations, at least one5third (164) o! the 0e0bers o! the boards o! such corporation should either be a secretary, or undersecretary, or assistant secretary.

'etitioners 0aintain that this "#ecutive $rder which, in e!!ect, allows 0e0bers o! the (abinet, their undersecretaries and assistant secretaries to hold other govern0ent o!!ices or positions in addition to their pri0ary positions, albeit subject to the li0itation therein i0posed, runs counter to /ection 14, Article 733 o! the 198- (onstitution, 2 which provides as !ollows.
/ec. 14. The 'resident, 7ice5'resident, the 8e0bers o! the (abinet, and their deputies or assistants shall not, unless otherwise provided in this (onstitution, hold any other o!!ice or e0ploy0ent during their tenure. They shall not, during said tenure, directly or indirectly practice any other pro!ession, participate in any business, or be !inancially interested in any contract with, or in any !ranchise, or special privilege granted by the 9overn0ent or any subdivision, agency, or instru0entality thereo!, including govern0ent5owned or controlled corporations or their subsidiaries. They shall strictly avoid con!lict o! interest in the conduct o! their o!!ice.

3t is alleged that the above5*uoted /ection 14, Article 733 prohibits public respondents, as 0e0bers o! the (abinet, along with the other public o!!icials enu0erated in the list attached to the petitions as Anne# :(: in 9.;. %o. 8481, 3 and as Anne# :<: in 9.;. %o. 8489= > !ro0 holding any other o!!ice or e0ploy0ent during their tenure. 3n addition to see ing a declaration o! the unconstitutionality o! "#ecutive $rder %o. 28&, petitioner Anti59ra!t >eague o! the 'hilippines !urther see s in 9.;. %o. 8481, the issuance o! the e#traordinary writs o! prohibition and %anda%us, as well as a te0porary restraining order directing public respondents therein to cease and desist !ro0 holding, in addition to their pri0ary positions, dual or 0ultiple positions other than those authori)ed by the 198- (onstitution and !ro0 receiving any salaries, allowances, per die0s and other !or0s o! privileges and the li e appurtenant to their *uestioned

positions, and co0pelling public respondents to return, rei0burse or re!und any and all a0ounts or bene!its that they 0ay have received !ro0 such positions. /peci!ically, petitioner Anti59ra!t >eague o! the 'hilippines charges that notwithstanding the a!ore*uoted :absolute and sel!5e#ecuting: provision o! the 198- (onstitution, then /ecretary o! +ustice /ed!rey $rdo?e), construing /ection 14, Article 733 in relation to /ection -, par. (2), Article 3@5<, rendered on +uly 24, 198- $pinion %o. -4, series o! 198-, # declaring that (abinet 0e0bers, their deputies (undersecretaries) and assistant secretaries 0ay hold other public o!!ice, including 0e0bership in the boards o! govern0ent corporations. (a) when directly provided !or in the (onstitution as in the case o! the /ecretary o! +ustice who is 0ade an e&'officio 0e0ber o! the +udicial and <ar (ouncil under /ection 8, paragraph 1, Article 73332 or (b) i! allowed by law2 or (c) i! allowed by the pri0ary !unctions o! their respective positions2 and that on the basis o! this $pinion, the 'resident o! the 'hilippines, on +uly 2,, 198- or two (2) days be!ore (ongress convened on +uly 2-, 198-. pro0ulgated "#ecutive $rder %o. 28&. 6 'etitioner Anti59ra!t >eague o! the 'hilippines objects to both 1$+ $pinion %o. -4 and "#ecutive $rder %o. 28& as they allegedly :lu0ped together: /ection 14, Article 733 and the general provision in another article, /ection -, par. (2), Article 35@<. This :strained lin age: between the two provisions, each addressed to a distinct and separate group o! public o!!icers AA one, the 'resident and her o!!icial !a0ily, and the other, public servants in general AA allegedly :abolished the clearly separate, higher, e#clusive, and 0andatory constitutional ran assigned to the prohibition against 0ultiple jobs !or the 'resident, the 7ice5 'resident, the 0e0bers o! the (abinet, and their deputies and subalterns, who are the leaders o! govern0ent e#pected to lead by e#a0ple.: ? Article 3@5<, /ection -, par. (2) 8 provides.
/ec. -. . . . . . (n"ess ot)er*ise a""o*ed +, "a* or +, t)e pri%ar, functions of )is position, no appointive officia" s)a"" )o"d an, ot)er office or e%p"o,%ent in t)e govern%ent or an, su+division, agenc, or instru%enta"it, t)ereof, inc"uding govern%ent'o*ned or contro""ed corporations or t)eir su+sidiaries.

The /olicitor 9eneral counters that 1epart0ent o! +ustice 1$+ $pinion %o. -4, series o! 198-, as !urther elucidated and clari!ied by 1$+ $pinion %o. 129, series o! 198- 9 and 1$+ $pinion %o. 1,,, series o! 1988, 1@ being the !irst o!!icial construction and interpretation by the /ecretary o! +ustice o! /ection 14, Article 733 and par. (2) o! /ection -, Article 35@< o! the (onstitution, involving the sa0e subject o! appoint0ents or designations o! an appointive e#ecutive o!!icial to positions other than his pri0ary position, is :reasonably valid and constitutionally !ir0,: and that "#ecutive $rder %o. 28&, pro0ulgated pursuant to 1$+ $pinion %o. -4, series o! 198- is conse*uently constitutional. 3t is worth noting that 1$+ $pinion %o. 129, series o! 198- and 1$+ $pinion %o. 1,,, series o! 1988 construed the li0itation i0posed by ".$. %o. 28& as not applying to e&'officio

positions or to positions which, although not so designated as e&'officio are allowed by the pri0ary !unctions o! the public o!!icial, but only to the holding o! 0ultiple positions which are not related to or necessarily included in the position o! the public o!!icial concerned (disparate positions). 3n su0, the constitutionality o! "#ecutive $rder %o. 28& is being challenged by petitioners on the principal sub0ission that it adds e#ceptions to /ection 14, Article 733 other than those provided in the (onstitution. According to petitioners, by virtue o! the phrase :unless otherwise provided in this (onstitution,: the only e#ceptions against holding any other o!!ice or e0ploy0ent in 9overn0ent are those provided in the (onstitution, na0ely. (1) The 7ice5'resident 0ay be appointed as a 8e0ber o! the (abinet under /ection 4, par. (2), Article 733 thereo!2 and (2) the /ecretary o! +ustice is an e&'officio 0e0ber o! the +udicial and <ar (ouncil by virtue o! /ection 8 (1), Article 7333. 'etitioners !urther argue that the e#ception to the prohibition in /ection -, par. (2), Article 35@< on the (ivil /ervice (o00ission applies to o!!icers and e0ployees o! the (ivil /ervice in general and that said e#ceptions do not apply and cannot be e#tended to /ection 14, Article 733 which applies speci!ically to the 'resident, 7ice5'resident, 8e0bers o! the (abinet and their deputies or assistants. There is no dispute that the prohibition against the 'resident, 7ice5'resident, the 0e0bers o! the (abinet and their deputies or assistants !ro0 holding dual or 0ultiple positions in the 9overn0ent ad0its o! certain e#ceptions. The disagree0ent between petitioners and public respondents lies on the constitutional basis o! the e#ception. 'etitioners insist that because o! the phrase :unless otherwise provided in this (onstitution: used in /ection 14 o! Article 733, the e#ception 0ust be e#pressly provided in the (onstitution, as in the case o! the 7ice5'resident being allowed to beco0e a 8e0ber o! the (abinet under the second paragraph o! /ection 4, Article 733 or the /ecretary o! +ustice being designated an e&'officio 0e0ber o! the +udicial and <ar (ouncil under Article 7333, /ec. 8 (1). 'ublic respondents, on the other hand, 0aintain that the phrase :unless otherwise provided in the (onstitution: in /ection 14, Article 733 0a es re!erence to /ection -, par. (2), Article 35@< inso!ar as the appointive o!!icials 0entioned therein are concerned. The threshold *uestion there!ore is. does the prohibition in /ection 14, Article 733 o! the 198- (onstitution inso!ar as (abinet 0e0bers, their deputies or assistants are concerned ad0it o! the broad e#ceptions 0ade !or appointive o!!icials in general under /ection -, par. (2), Article 35@< which, !or easy re!erence is *uoted anew, thus. :Bnless otherwise allowed by law or by the pri0ary !unctions o! his position, no appointive o!!icial shall hold any other o!!ice or e0ploy0ent in the 9overn0ent or any subdivision, agency or instru0entality thereo!, including govern0ent5owned or controlled corporation or their subsidiaries.:

Ce rule in the negative. A !oolproo! yardstic in constitutional construction is the intention underlying the provision under consideration. Thus, it has been held that the (ourt in construing a (onstitution should bear in 0ind the object sought to be acco0plished by its adoption, and the evils, i! any, sought to be prevented or re0edied. A doubt!ul provision will be e#a0ined in the light o! the history o! the ti0es, and the condition and circu0stances under which the (onstitution was !ra0ed. The object is to ascertain the reason which induced the !ra0ers o! the (onstitution to enact the particular provision and the purpose sought to be acco0plished thereby, in order to construe the whole as to 0a e the words consonant to that reason and calculated to e!!ect that purpose. 11 The practice o! designating 0e0bers o! the (abinet, their deputies and assistants as 0e0bers o! the governing bodies or boards o! various govern0ent agencies and instru0entalities, including govern0ent5owned and controlled corporations, beca0e prevalent during the ti0e legislative powers in this country were e#ercised by !or0er 'resident Derdinand ". 8arcos pursuant to his 0artial law authority. There was a proli!eration o! newly5created agencies, instru0entalities and govern0ent5owned and controlled corporations created by presidential decrees and other 0odes o! presidential issuances where (abinet 0e0bers, their deputies or assistants were designated to head or sit as 0e0bers o! the board with the corresponding salaries, e0olu0ents, per die0s, allowances and other per*uisites o! o!!ice. 8ost o! these instru0entalities have re0ained up to the present ti0e. This practice o! holding 0ultiple o!!ices or positions in the govern0ent soon led to abuses by unscrupulous public o!!icials who too advantage o! this sche0e !or purposes o! sel!5enrich0ent. 3n !act, the holding o! 0ultiple o!!ices in govern0ent was strongly denounced on the !loor o! the <atasang 'a0bansa. 12 This conde0nation ca0e in reaction to the published report o! the (o00ission on Audit, entitled :1984 /u00ary Annual Audit ;eport on. 9overn0ent5$wned and (ontrolled (orporations, /el!59overning <oards and (o00issions: which carried as its Digure %o. & a :;oaster o! 8e0bership in 9overning <oards o! 9overn0ent5$wned and (ontrolled (orporations as o! 1ece0ber 41, 1984.: 'articularly odious and revolting to the peopleEs sense o! propriety and 0orality in govern0ent service were the data contained therein that ;oberto 7. $ngpin was a 0e0ber o! the governing boards o! twenty5nine (29) govern0ental agencies, instru0entalities and corporations2 30elda ;. 8arcos o! twenty5three (24)2 (esar ".A. 7irata o! twenty5two (22)2 Arturo ;. Tanco, +r. o! !i!teen (1,)2 +esus /. Fipolito and 9eroni0o G. 7elasco, o! !ourteen each (1&)2 (esar (. Gala0ea o! thirteen (14)2 ;uben <. Ancheta and +ose A. ;o?o o! twelve (12) each2 8anuel '. Alba, 9ilberto $. Teodoro, and "dgardo Tordesillas o! eleven (11) each2 and >ilia <autista and Teodoro H. 'e?a o! ten (1I) each. 13

The blatant betrayal o! public trust evolved into one o! the serious causes o! discontent with the 8arcos regi0e. 3t was there!ore *uite inevitable and in consonance with the overwhel0ing senti0ent o! the people that the 198= (onstitutional (o00ission, convened as it was a!ter the people success!ully unseated !or0er 'resident 8arcos, should dra!t into its proposed (onstitution the provisions under consideration which are envisioned to re0edy, i! not correct, the evils that !low !ro0 the holding o! 0ultiple govern0ental o!!ices and e0ploy0ent. 3n !act, as eenly observed by 8r. +ustice 3sagani A. (ru) during the deliberations in these cases, one o! the strongest selling points o! the 198(onstitution during the ca0paign !or its rati!ication was the assurance given by its proponents that the scandalous practice o! (abinet 0e0bers holding 0ultiple positions in the govern0ent and collecting unconscionably e#cessive co0pensation there!ro0 would be discontinued. <ut what is indeed signi!icant is the !act that although /ection -, Article 35@< already contains a blan et prohibition against the holding o! 0ultiple o!!ices or e0ploy0ent in the govern0ent subsu0ing both elective and appointive public o!!icials, the (onstitutional (o00ission should see it !it to !or0ulate another provision, /ec. 14, Article 733, speci!ically prohibiting the 'resident, 7ice5 'resident, 0e0bers o! the (abinet, their deputies and assistants !ro0 holding any other o!!ice or e0ploy0ent during their tenure, unless otherwise provided in the (onstitution itsel!. "vidently, !ro0 this 0ove as well as in the di!!erent phraseologies o! the constitutional provisions in *uestion, the intent o! the !ra0ers o! the (onstitution was to i0pose a stricter prohibition on the 'resident and his o!!icial !a0ily in so !ar as holding other o!!ices or e0ploy0ent in the govern0ent or elsewhere is concerned. 8oreover, such intent is underscored by a co0parison o! /ection 14, Article 733 with other provisions o! the (onstitution on the dis*uali!ications o! certain public o!!icials or e0ployees !ro0 holding other o!!ices or e0ploy0ent. Bnder /ection 14, Article 73, :(%)o /enator or 8e0ber o! the Fouse o! ;epresentatives 0ay hold any other o!!ice or e0ploy0ent in t)e -overn%ent . . .:. Bnder /ection ,(&), Article @73, :(%)o 0e0ber o! the ar0ed !orces in the active service shall, at any ti0e, be appointed in any capacity to a civilian position in t)e -overn%ent, including govern0ent5owned or controlled corporations or any o! their subsidiaries.: "ven /ection - (2), Article 3@5<, relied upon by respondents provides :(B)nless otherwise allowed by law or by the pri0ary !unctions o! his position, no appointive o!!icial shall hold any other o!!ice or e0ploy0ent in t)e -overn%ent.: 3t is *uite notable that in all these provisions on dis*uali!ications to hold other o!!ice or e0ploy0ent, the prohibition pertains to an o!!ice or e0ploy0ent in t)e govern%ent and govern0ent5owned or controlled corporations or their subsidiaries. 3n stri ing contrast is the wording o! /ection 14, Article 733 which

states that :(T)he 'resident, 7ice5'resident, the 8e0bers o! the (abinet, and their deputies or assistants shall not, unless otherwise provided in this (onstitution, hold any other o!!ice or e0ploy0ent during their tenure.: 3n the latter provision, the dis*uali!ication is absolute, not being *uali!ied by the phrase :in the 9overn0ent.: The prohibition i0posed on the 'resident and his o!!icial !a0ily is there!ore all5e0bracing and covers both public and private o!!ice or e0ploy0ent. 9oing !urther into /ection 14, Article 733, the second sentence provides. :They shall not, during said tenure, directly or indirectly, practice any other pro!ession, participate in any business, or be !inancially interested in any contract with, or in any !ranchise, or special privilege granted by the 9overn0ent or any subdivision, agency or instru0entality thereo!, including govern0ent5owned or controlled corporations or their subsidiaries.: These sweeping, all5e0bracing prohibitions i0posed on the 'resident and his o!!icial !a0ily, which prohibitions are not si0ilarly i0posed on other public o!!icials or e0ployees such as the 8e0bers o! (ongress, 0e0bers o! the civil service in general and 0e0bers o! the ar0ed !orces, are proo! o! the intent o! the 198- (onstitution to treat the 'resident and his o!!icial !a0ily as a class by itsel! and to i0pose upon said class stricter prohibitions. /uch intent o! the 198= (onstitutional (o00ission to be stricter with the 'resident and his o!!icial !a0ily was also succinctly articulated by (o00issioner 7icente Do) a!ter (o00issioner ;egalado 8aa0bong noted during the !loor deliberations and debate that there was no sy00etry between the (ivil /ervice prohibitions, originally !ound in the 9eneral 'rovisions and the anticipated report on the "#ecutive 1epart0ent. (o00issioner Do) (o00ented, :Ce actually have to be stricter with the 'resident and the 0e0bers o! the (abinet because they e#ercise 0ore powers and, there!ore, 0ore chee s and restraints on the0 are called !or because there is 0ore possibility o! abuse in their case.: 1> Thus, while all other appointive o!!icials in the civil service are allowed to hold other o!!ice or e0ploy0ent in the govern0ent during their tenure when such is allowed by law or by the pri0ary !unctions o! their positions, 0e0bers o! the (abinet, their deputies and assistants 0ay do so only when e#pressly authori)ed by the (onstitution itsel!. 3n other words, /ection -, Article 35@< is 0eant to lay down the general rule applicable to all elective and appointive public o!!icials and e0ployees, while /ection 14, Article 733 is 0eant to be the e#ception applicable only to the 'resident, the 7ice5 'resident, 8e0bers o! the (abinet, their deputies and assistants. This being the case, the *uali!ying phrase :unless otherwise provided in this (onstitution: in /ection 14, Article 733 cannot possibly re!er to the broad e#ceptions provided under /ection -, Article 35@< o! the 198- (onstitution. To construe said *uali!ying phrase as respondents would have us do, would render nugatory and 0eaningless the 0ani!est intent and purpose o! the !ra0ers o! the

(onstitution to i0pose a stricter prohibition on the 'resident, 7ice5'resident, 8e0bers o! the (abinet, their deputies and assistants with respect to holding other o!!ices or e0ploy0ent in the govern0ent during their tenure. ;espondentsE interpretation that /ection 14 o! Article 733 ad0its o! the e#ceptions !ound in /ection -, par. (2) o! Article 3@5< would obliterate the distinction so care!ully set by the !ra0ers o! the (onstitution as to when the high5ran ing o!!icials o! the "#ecutive <ranch !ro0 the 'resident to Assistant /ecretary, on the one hand, and the generality o! civil servants !ro0 the ran i00ediately below Assistant /ecretary downwards, on the other, 0ay hold any other o!!ice or position in the govern0ent during their tenure. 8oreover, respondentsE reading o! the provisions in *uestion would render certain parts o! the (onstitution inoperative. This observation applies particularly to the 7ice5'resident who, under /ection 14 o! Article 733 is allowed to hold other o!!ice or e0ploy0ent when so authori)ed by the (onstitution, but who as an elective public o!!icial under /ec. -, par. (1) o! Article 35@< is absolutely ineligible :!or appoint0ent or designation in any capacity to any public o!!ice or position during his tenure.: /urely, to say that the phrase :unless otherwise provided in this (onstitution: !ound in /ection 14, Article 733 has re!erence to /ection -, par. (1) o! Article 35@< would render 0eaningless the speci!ic provisions o! the (onstitution authori)ing the 7ice5'resident to beco0e a 0e0ber o! the (abinet, 1# and to act as 'resident without relin*uishing the 7ice5'residency where the 'resident shall not nave been chosen or !ails to *uali!y. 16 /uch absurd conse*uence can be avoided only by interpreting the two provisions under consideration as one, i.e., /ection -, par. (1) o! Article 35@< providing the general rule and the other, i.e., /ection 14, Article 733 as constituting the e#ception thereto. 3n the sa0e 0anner 0ust /ection -, par. (2) o! Article 35@< be construed vis'a'vis /ection 14, Article 733. 3t is a well5established rule in (onstitutional construction that no one provision o! the (onstitution is to be separated !ro0 all the others, to be considered alone, but that all the provisions bearing upon a particular subject are to be brought into view and to be so interpreted as to e!!ectuate the great purposes o! the instru0ent. 1? /ections bearing on a particular subject should be considered and interpreted together as to e!!ectuate the whole purpose o! the (onstitution 18 and one section is not to be allowed to de!eat another, i! by any reasonable construction, the two can be 0ade to stand together. 19 3n other words, the court 0ust har0oni)e the0, i! practicable, and 0ust lean in !avor o! a construction which will render every word operative, rather than one which 0ay 0a e the words idle and nugatory. 2@ /ince the evident purpose o! the !ra0ers o! the 198- (onstitution is to i0pose a stricter prohibition on the 'resident, 7ice5'resident, 0e0bers o! the (abinet, their deputies and assistants with respect to holding 0ultiple o!!ices or e0ploy0ent in the govern0ent during their tenure, the e#ception to this

prohibition 0ust be read with e*ual severity. $n its !ace, the language o! /ection 14, Article 733 is prohibitory so that it 0ust be understood as intended to be a positive and une*uivocal negation o! the privilege o! holding 0ultiple govern0ent o!!ices or e0ploy0ent. 7erily, wherever the language used in the constitution is prohibitory, it is to be understood as intended to be a positive and une*uivocal negation. 21 The phrase :unless otherwise provided in this (onstitution: 0ust be given a literal interpretation to re!er only to those particular instances cited in the (onstitution itsel!, to wit. the 7ice5'resident being appointed as a 0e0ber o! the (abinet under /ection 4, par. (2), Article 7332 or acting as 'resident in those instances provided under /ection -, pars. (2) and (4), Article 7332 and, the /ecretary o! +ustice being e&'officio 0e0ber o! the +udicial and <ar (ouncil by virtue o! /ection 8 (1), Article 7333. The prohibition against holding dual or 0ultiple o!!ices or e0ploy0ent under /ection 14, Article 733 o! the (onstitution 0ust not, however, be construed as applying to posts occupied by the "#ecutive o!!icials speci!ied therein without additional co0pensation in an e&'officio capacity as provided by law and as re.uired 22 by the pri0ary !unctions o! said o!!icialsE o!!ice. The reason is that these posts do no co0prise :any other o!!ice: within the conte0plation o! the constitutional prohibition but are properly an i0position o! additional duties and !unctions on said o!!icials. 23 To characteri)e these posts otherwise would lead to absurd conse*uences, a0ong which are. The 'resident o! the 'hilippines cannot chair the %ational /ecurity (ouncil reorgani)ed under "#ecutive $rder %o. 11, (1ece0ber 2&, 198=). %either can the 7ice5'resident, the "#ecutive /ecretary, and the /ecretaries o! %ational 1e!ense, +ustice, >abor and "0ploy0ent and >ocal 9overn0ent sit in this (ouncil, which would then have no reason to e#ist !or lac o! a chairperson and 0e0bers. The respective undersecretaries and assistant secretaries, would also be prohibited. The /ecretary o! >abor and "0ploy0ent cannot chair the <oard o! Trustees o! the %ational 8anpower and Jouth (ouncil (%8J() or the 'hilippine $verseas "0ploy0ent Ad0inistration ('$"A), both o! which are attached to his depart0ent !or policy coordination and guidance. %either can his Bndersecretaries and Assistant /ecretaries chair these agencies. The /ecretaries o! Dinance and <udget cannot sit in the 8onetary <oard. 2> %either can their respective undersecretaries and assistant secretaries. The (entral <an 9overnor would then be assisted by lower ran ing e0ployees in providing policy direction in the areas o! 0oney, ban ing and credit. 2# 3ndeed, the !ra0ers o! our (onstitution could not have intended such absurd conse*uences. A (onstitution, viewed as a continuously operative charter o! govern0ent, is not to be interpreted as de0anding the i0possible or the i0practicable2 and unreasonable or absurd conse*uences, i! possible, should be avoided. 26

To reiterate, the prohibition under /ection 14, Article 733 is not to be interpreted as covering positions held without additional co0pensation in e&'officio capacities as provided by law and as re*uired by the pri0ary !unctions o! the concerned o!!icialEs o!!ice. The ter0 e&'officio 0eans :!ro0 o!!ice2 by virtue o! o!!ice.: 3t re!ers to an :authority derived !ro0 o!!icial character 0erely, not e#pressly con!erred upon the individual character, but rather anne#ed to the o!!icial position.: /&'officio li ewise denotes an :act done in an o!!icial character, or as a conse*uence o! o!!ice, and without any other appoint0ent or authority than that con!erred by the o!!ice.: 2? An e&'officio 0e0ber o! a board is one who is a 0e0ber by virtue o! his title to a certain o!!ice, and without !urther warrant or appoint0ent. 28 To illustrate, by e#press provision o! law, the /ecretary o! Transportation and (o00unications is the e&'officio (hair0an o! the <oard o! the 'hilippine 'orts Authority, 29 and the >ight ;ail Transit Authority. 3@ The (ourt had occasion to e#plain the 0eaning o! an e&'officio position in Rafae" vs. /%+roider, and Appare" !ontro" and Inspection 0oard, 31 thus. :An e#a0ination o! section 2 o! the *uestioned statute (;.A. 414-) reveals that !or the chair0an and 0e0bers o! the <oard to *uali!y they need only be designated by the respective depart0ent heads. Cith the e#ception o! the representative !ro0 the private sector, they sit e&'officio. 3n order to be designated they 0ust already be holding positions in the o!!ices 0entioned in the law. Thus, !or instance, one who does not hold a previous appoint0ent in the <ureau o! (usto0s, cannot, under the act, be designated a representative !ro0 that o!!ice. The sa0e is true with respect to the representatives !ro0 the other o!!ices. %o new appoint0ents are necessary. This is as it should be, because the representatives so designated %ere", perfor% duties in t)e 0oard in addition to t)ose a"read, perfor%ed under t)eir origina" appoint%ents .: 32 The ter0 :pri0ary: used to describe :!unctions: re!ers to the order o! i0portance and thus 0eans chie! or principal !unction. The ter0 is not restricted to the singular but 0ay re!er to the plural. 33 The additional duties 0ust not only be closely related to, but 0ust be re*uired by the o!!icialEs pri0ary !unctions. "#a0ples o! designations to positions by virtue o! oneEs pri0ary !unctions are the /ecretaries o! Dinance and <udget sitting as 0e0bers o! the 8onetary <oard, and the /ecretary o! Transportation and (o00unications acting as (hair0an o! the 8ariti0e 3ndustry Authority 3> and the (ivil Aeronautics <oard. 3! the !unctions re*uired to be per!or0ed are 0erely incidental, re0otely related, inconsistent, inco0patible, or otherwise alien to the pri0ary !unction o! a cabinet o!!icial, such additional !unctions would !all under the purview o! :any other o!!ice: prohibited by the (onstitution. An e#a0ple would be the 'ress Bndersecretary sitting as a 0e0ber o! the <oard o! the 'hilippine A0use0ent and 9a0ing (orporation. The sa0e rule applies to such positions which con!er on the cabinet o!!icial 0anage0ent !unctions and6or 0onetary co0pensation, such as but not li0ited to chair0anships or directorships in govern0ent5owned or controlled corporations and their subsidiaries.

8andating additional duties and !unctions to the 'resident, 7ice5'resident, (abinet 8e0bers, their deputies or assistants which are not inconsistent with those already prescribed by their o!!ices or appoint0ents by virtue o! their special nowledge, e#pertise and s ill in their respective e#ecutive o!!ices is a practice long5recogni)ed in 0any jurisdictions. 3t is a practice justi!ied by the de0ands o! e!!iciency, policy direction, continuity and coordination a0ong the di!!erent o!!ices in the "#ecutive <ranch in the discharge o! its 0ulti!arious tas s o! e#ecuting and i0ple0enting laws a!!ecting national interest and general wel!are and delivering basic services to the people. 3t is consistent with the power vested on the 'resident and his alter egos, the (abinet 0e0bers, to have control o! all the e#ecutive depart0ents, bureaus and o!!ices and to ensure that the laws are !aith!ully e#ecuted. 3# Cithout these additional duties and !unctions being assigned to the 'resident and his o!!icial !a0ily to sit in the governing bodies or boards o! govern0ental agencies or instru0entalities in an e&'officio capacity as provided by law and as re*uired by their pri0ary !unctions, they would be supervision, thereby deprived o! the 0eans !or control and resulting in an unwieldy and con!used bureaucracy. 3t bears repeating though that in order that such additional duties or !unctions 0ay not transgress the prohibition e0bodied in /ection 14, Article 733 o! the 198(onstitution, such additional duties or !unctions 0ust be re.uired +, t)e pri%ar, functions of t)e officia" concerned, *)o is to perfor% t)e sa%e in an e&'officio capacit, as provided +, "a*, *it)out receiving an, additiona" co%pensation t)erefor. The e&'officio position being actually and in legal conte0plation part o! the principal o!!ice, it !ollows that the o!!icial concerned has no right to receive additional co0pensation !or his services in the said position. The reason is that these services are already paid !or and covered by the co0pensation attached to his principal o!!ice. 3t should be obvious that i!, say, the /ecretary o! Dinance attends a 0eeting o! the 8onetary <oard as an e&'officio 0e0ber thereo!, he is actually and in legal conte0plation per!or0ing the pri0ary !unction o! his principal o!!ice in de!ining policy in 0onetary and ban ing 0atters, which co0e under the jurisdiction o! his depart0ent. Dor such attendance, there!ore, he is not entitled to collect any e#tra co0pensation, whether it be in the !or0 o! a per the0 or an honorariu0 or an allowance, or so0e other such euphe0is0. <y whatever na0e it is designated, such additional co0pensation is prohibited by the (onstitution. 3t is interesting to note that during the !loor deliberations on the proposal o! (o00issioner (hristian 8onsod to add to /ection -, par. (2), Article 3@5<, originally !ound as /ection 4 o! the 9eneral 'rovisions, the e#ception :unless re*uired by the !unctions o! his position,: 36 e#press re!erence to certain high5 ran ing appointive public o!!icials li e 0e0bers o! the (abinet were 0ade. 3? ;esponding to a *uery o! (o00issioner <las $ple, (o00issioner 8onsod pointed out that there are instances when although not re*uired by current law,

0e0bership o! certain high5ran ing e#ecutive o!!icials in ot)er offices and corporations is necessary by reason o! said o!!icialsE pri0ary !unctions. The e#a0ple given by (o00issioner 8onsod was the 8inister o! Trade and 3ndustry.
38

Chile this e#change between (o00issioners 8onsod and $ple 0ay be used as authority !or saying that additional !unctions and duties !lowing !ro0 the pri0ary !unctions o! the o!!icial 0ay be i0posed upon hi0 without o!!ending the constitutional prohibition under consideration, it cannot, however, be ta en as authority !or saying that this e#ception is by virtue o! /ection -, par. (2) o! Article 35@<. This collo*uy between the two (o00issioners too place in the plenary session o! /epte0ber 2-, 198=. Bnder consideration then was /ection 4 o! (o00ittee ;esolution %o. ,41 which was the proposed article on 9eneral 'rovisions. 39 At that ti0e, the article on the (ivil /ervice (o00ission had been approved on third reading on +uly 22, 198=, >@ while the article on the "#ecutive 1epart0ent, containing the 0ore speci!ic prohibition in /ection 14, had also been earlier approved on third reading on August 2=, 198=. >1 3t was only a!ter the dra!t (onstitution had undergone re!or0atting and :styling: by the (o00ittee on /tyle that said /ection 4 o! the 9eneral 'rovisions beca0e /ection -, par. (2) o! Article 3@5< and reworded :Bnless otherwise allowed by law or by the pri0ary !unctions o! his position. . . .: Chat was clearly being discussed then were general principles which would serve as constitutional guidelines in the absence o! speci!ic constitutional provisions on the 0atter. Chat was pri0arily at issue and approved on that occasion was the adoption o! the *uali!ied and deli0ited phrase :pri0ary !unctions: as the basis o! an e#ception to the general rule covering all appointive public o!!icials. Fad the (onstitutional (o00ission intended to dilute the speci!ic prohibition in said /ection 14 o! Article 733, it could have re5worded said /ection 14 to con!or0 to the wider e#ceptions provided in then /ection 4 o! the proposed general 'rovisions, later placed as /ection -, par. (2) o! Article 3@5< on the (ivil /ervice (o00ission. That this e#ception would in the !inal analysis apply also to the 'resident and his o!!icial !a0ily is by reason o! the legal principles governing additional !unctions and duties o! public o!!icials rather than by virtue o! /ection -, par. 2, Article 3@5< At any rate, we have 0ade it clear that only the additional !unctions and duties :re*uired,: as opposed to :allowed,: by the pri0ary !unctions 0ay be considered as not constituting :any other o!!ice.: Chile it is per0issible in this jurisdiction to consult the debates and proceedings o! the constitutional convention in order to arrive at the reason and purpose o! the resulting (onstitution, resort thereto 0ay be had only when other guides !ail >2 as said proceedings are powerless to vary the ter0s o! the (onstitution when the 0eaning is clear. 1ebates in the constitutional convention :are o! value as showing the views o! the individual 0e0bers, and as indicating the reasons !or their votes, but they give us no light as to the views o! the large 0ajority who did

not tal , 0uch less o! the 0ass o! our !ellow citi)ens whose votes at the polls gave that instru0ent the !orce o! !unda0ental law. Ce thin it sa!er to construe the constitution !ro0 what appears upon its !ace.: >3 The proper interpretation there!ore depends 0ore on how it was understood by the people adopting it than in the !ra0ersEs understanding thereo!. >> 3t being clear, as it was in !act one o! its best selling points, that the 198(onstitution see s to prohibit the 'resident, 7ice5'resident, 0e0bers o! the (abinet, their deputies or assistants !ro0 holding during their tenure 0ultiple o!!ices or e0ploy0ent in the govern0ent, e#cept in those cases speci!ied in the (onstitution itsel! and as above clari!ied with respect to posts held without additional co0pensation in an e&'officio capacity as provided by law and as re*uired by the pri0ary !unctions o! their o!!ice, the citation o! (abinet 0e0bers (then called 8inisters) as e#a0ples during the debate and deliberation on the general rule laid down !or all appointive o!!icials should be considered as 0ere personal opinions which cannot override the constitutionEs 0ani!est intent and the peopleE understanding thereo!. 3n the light o! the construction given to /ection 14, Article 733 in relation to /ection -, par. (2), Article 3@5< o! the 198- (onstitution, "#ecutive $rder %o. 28& dated +uly 24, 198- is unconstitutional. $stensibly restricting the nu0ber o! positions that (abinet 0e0bers, undersecretaries or assistant secretaries 0ay hold in addition to their pri0ary position to not 0ore than two (2) positions in the govern0ent and govern0ent corporations, "#ecutive $rder %o. 28& actually allows the0 to hold 0ultiple o!!ices or e0ploy0ent in direct contravention o! the e#press 0andate o! /ection 14, Article 733 o! the 198- (onstitution prohibiting the0 !ro0 doing so, unless otherwise provided in the 198- (onstitution itsel!. The (ourt is alerted by respondents to the i0practical conse*uences that will result !ro0 a strict application o! the prohibition 0andated under /ection 14, Article 733 on the operations o! the 9overn0ent, considering that (abinet 0e0bers would be stripped o! their o!!ices held in an e&'officio capacity, by reason o! their pri0ary positions or by virtue o! legislation. As earlier clari!ied in this decision, e&'officio posts held by the e#ecutive o!!icial concerned without additional co0pensation as provided by law and as re*uired by the pri0ary !unctions o! his o!!ice do not !all under the de!inition o! :any other o!!ice: within the conte0plation o! the constitutional prohibition. Cith respect to other o!!ices or e0ploy0ent held by virtue o! legislation, including chair0anships or directorships in govern0ent5owned or controlled corporations and their subsidiaries, su!!ice it to say that the !eared i0practical conse*uences are 0ore apparent than real. <eing head o! an e#ecutive depart0ent is no 0ean job. 3t is 0ore than a !ull5ti0e job, re*uiring !ull attention, speciali)ed nowledge, s ills and e#pertise. 3! 0a#i0u0 bene!its are to be derived !ro0 a depart0ent headEs ability and e#pertise, he should be allowed to attend to his duties and responsibilities without the distraction o! other govern0ental o!!ices or e0ploy0ent. Fe should be precluded !ro0 dissipating his e!!orts, attention and energy a0ong too 0any

positions o! responsibility, which 0ay result in hapha)ardness and ine!!iciency. /urely the advantages to be derived !ro0 this concentration o! attention, nowledge and e#pertise, particularly at this stage o! our national and econo0ic develop0ent, !ar outweigh the bene!its, i! any, that 0ay be gained !ro0 a depart0ent head spreading hi0sel! too thin and ta ing in 0ore than what he can handle. Dinding "#ecutive $rder %o. 28& to be constitutionally in!ir0, the court hereby orders respondents /ecretary o! "nviron0ent and %atural ;esources Dulgencio Dactoran, +r., /ecretary o! >ocal 9overn0ent ># >uis /antos, /ecretary o! %ational 1e!ense Didel 7. ;a0os, /ecretary o! Fealth Al!redo ;.A. <eng)on and /ecretary o! the <udget 9uiller0o (arague to i00ediately relin*uish their other o!!ices or e0ploy0ent, as herein de!ined, in the govern0ent, including govern0ent5owned or controlled corporations and their subsidiaries. Cith respect to the other na0ed respondents, the petitions have beco0e 0oot and acade0ic as they are no longer occupying the positions co0plained o!. 1uring their tenure in the *uestioned positions, respondents 0ay be considered de facto o!!icers and as such entitled to e0olu0ents !or actual services rendered. >6 3t has been held that :in cases where there is no de 1ure, o!!icer, a de facto o!!icer, who, in good !aith has had possession o! the o!!ice and has discharged the duties pertaining thereto, is legally entitled to the e0olu0ents o! the o!!ice, and 0ay in an appropriate action recover the salary, !ees and other co0pensations attached to the o!!ice. This doctrine is, undoubtedly, supported on e*uitable grounds since it see0s unjust that the public should bene!it by the services o! an o!!icer de facto and then be !reed !ro0 all liability to pay any one !or such services. >? Any per die0, allowances or other e0olu0ents received by the respondents by virtue o! actual services rendered in the *uestioned positions 0ay there!ore be retained by the0. CF";"D$;", subject to the *uali!ication above5stated, the petitions are 9;A%T"1. "#ecutive $rder %o. 28& is hereby declared null and void and is accordingly set aside. /$ $;1";"1. 2arvasa, Me"encio'3errera, -utierre4, Jr., !ru4, Paras, 5e"iciano, -anca,co, Padi""a, 0idin, Media"dea, Rega"ado and Davide, Jr., JJ., concur. 6ar%iento and -ri7o'A.uino, JJ., too8 no part.