G.R. No. 83896 and 83815; February 22, 1991
CIVIL LIBERTIES UNION and ANTI-GRAFT LEAGUE OF THE PHILIPPINES, INC., et al., petitioners, vs. THE EXECUTIVE SECRETARY, et al., respondents.

FACTS

These consolidated petitions seek a declaration of the unconstitutionality of Executive Order No. 284 issued by President Corazon C. Aquino on July 25, 1987. The Order allowed members of the Cabinet, undersecretaries, and assistant secretaries to hold, in addition to their primary positions, not more than two other positions in government or government corporations, subject to certain conditions. This was promulgated following Department of Justice Opinion No. 73, which interpreted constitutional provisions on holding multiple offices.
Petitioners contend that EO 284 contravenes the explicit and absolute prohibition under Section 13, Article VII of the 1987 Constitution, which states: “The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure.” They argue this provision is a specific, higher standard for the President’s official family, intended to prevent conflicts of interest and ensure undivided attention to their primary duties. The petitioners also seek writs to prohibit respondents from holding multiple positions and to compel the return of salaries received from such positions.

ISSUE

Whether Executive Order No. 284 is unconstitutional for violating Section 13, Article VII of the 1987 Constitution.

RULING

Yes, Executive Order No. 284 is unconstitutional. The Supreme Court ruled that Section 13, Article VII imposes a strict and explicit prohibition. The phrase “unless otherwise provided in this Constitution” means exceptions must be found within the Constitution itself, such as the Secretary of Justice serving on the Judicial and Bar Council. It does not permit exceptions to be created by law or executive issuance.
The Court rejected the argument that the general provision in Section 7(2), Article IX-B, which allows additional offices “unless otherwise allowed by law or by the primary functions,” could be applied to the President’s Cabinet. These are distinct provisions governing different classes of officials. Section 13, Article VII is a specific prohibition for high-ranking executive officials to prevent conflicts of interest and ensure a full commitment to their demanding primary offices. Allowing them to hold multiple positions via executive order would dilute this constitutional safeguard.
Consequently, EO 284, which authorized the holding of multiple positions based on law or primary functions, is void. The prohibition in Section 13, Article VII is clear, mandatory, and allows no legislative or executive discretion to create further exceptions. The designated officials are barred from holding any other office or employment unless the Constitution itself specifically provides for it.