Civil Liberties Union v Executive Secretary

Consolidated with: Anti-Graft League of the PI v Philip Sec. 13. The President, Vice-President, the Members of
Juico as Sec of Agrarian Reform the Cabinet, and their deputies or assistants shall
not, unless otherwise provided in this
Facts: This is a consolidated case wherein both
petitioners are both seek a declaration of the Constitution, hold any other office or
unconstitutionality of Executive Order No. 284 issued employment during their tenure. They shall not,
by President Corazon C. Aquino on July 25, 1987. during said tenure, directly or indirectly practice any
other profession, participate in any business, or be
Pertinent provisions of EO 284 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
Sec. 1. Even if allowed by law or by the ordinary
or controlled corporations or their subsidiaries. They
functions of his position, a member of the Cabinet,
shall strictly avoid conflict of interest in the conduct of
undersecretary or assistant secretary or other
their office.
appointive officials of the Executive Department may,
in addition to his primary position, hold not more
than two positions in the government and
government corporations and receive the The said provision prohibit the respondents, as
corresponding compensation therefor; Provided, members of the cabinet, from holding any other office
that this limitation shall not apply to ad hoc bodies or or employment during their tenure and petitioners also
committees, or to boards, councils or bodies of which assail that EO 284 adds exceptions to S13 A7 other
the President is the Chairman. than those provided in the constitution. The only
exceptions against holding any other office or
employment in government are those provided in the
Constitution namely:
The Petitionrs maintain that this EO allows members of
the cabinet, their undersecretaries and assistant
secretaries to hold offices in addition to their primary
offices which contradicts S13 A7 of the 1987 1. The Vice President may be appointed as a Member
Constitution which provides: 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.
Public respondents, on the other hand, maintain that
the phrase "unless otherwise provided in the
Constitution" in Section 13, Article VII makes reference
to Section 7, par. (2), Article IX-B insofar as the
appointive officials mentioned therein are concerned.
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.
Issue: WON Sec 7 of Article IX-B is the exemption to
Article VII S13 of the Constitution.
Held: No. since the legislative intent of both
Constitutional provisions is to prevent government
officials from holding multiple positions in the
government for self enrichment which a betrayal of
public trust.
Section 7, Article I-XB is meant to lay down the general
rule applicable to all elective and appointive public
officials and employees,
Section 13, Article VII is meant to be the exception
applicable only to the President, the Vice- President,
Members of the Cabinet, their deputies and assistants.
Thus the phrase unless otherwise provided by the
Constitution in Section 13, Article VII cannot be
construed as a broad exception from Section 7 of
Article IX-B that is contrary to the legislative intent of
both constitutional provisions. Such phrase is only
limited to and strictly applies only to particular
instances of allowing the VP to become a cabinet
member and the Secretary of Justice as ex-officio
member of the Judicial and Bar Council.
The court hereby orders respondents Secretary of
Environment and Natural Resources Fulgencio
Factoran, Jr., Secretary of Local Government 45 Luis
Santos, Secretary of National Defense Fidel V. Ramos,
Secretary of Health Alfredo R.A. Bengzon and
Secretary of the Budget Guillermo Carague to
immediately relinquish their other offices or
employment, as herein defined, in the government,
including government-owned or controlled
corporations and their subsidiaries.
The court thereby declared E.O 284 as null and void.