Article IX (B), Section 7. No elective
official shall be eligible for appointment or designation in any capacity to
any public office or position during his tenure. 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.
Civil Liberties Union v
Executive Secretary (194 SCRA 317)
FACTS: The
petitioner are assailing the Executive Order No. 284 issued by the President
allowing cabinet members, undersecretary or asst. secretaries and other
appointive officials of the executive department to hold 2 positions in the government
and government corporations and to receive additional compensation. They find
it unconstitutional against the provision provided by Section 13, Article VII
prohibiting the President, Cabinet members and their deputies to hold any other
office or employment. Section 7, par. (2), Article IX-B further states that “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 corporation or their subsidiaries." In the
opinion of the DOJ as affirmed by the Solicitor General, the said Executive
Order is valid and constitutional as Section 7 of Article IX-B stated “unless
otherwise allowed by law” which is construed to be an exemption from that
stipulated on Article VII, section 13, such as in the case of the Vice
President who is constitutionally allowed to become a cabinet member and the
Secretary of Justice as ex-officio member of the Judicial and Bar Council.
