Case Summary (G.R. No. 83896)
Petitioners and Respondents
Petitioners: Civil Liberties Union; Anti-Graft League of the Philippines, Inc.; Crispin T. Reyes.
Respondents: Executive Secretary; Secretaries of Agrarian Reform, Agriculture, Education, Environment and Natural Resources, Finance, Justice, Labor and Employment, Local Government, National Defense, Press, Public Works and Highways, Science and Technology, Trade and Industry, Tourism, Health, Transportation and Communication; Budget Commissioner; Head of the National Economic Development Authority.
Key Dates
DOJ Opinion No. 73, series of 1987 (July 23, 1987)
Executive Order No. 284 (July 25, 1987)
Congress convened (July 27, 1987)
Petitions consolidated (August 9, 1988)
Decision (February 22, 1991)
Applicable Constitutional Provisions
• Section 13, Article VII of the 1987 Constitution: “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…directly or indirectly practice any other profession, participate in any business, or be financially interested…”
• Section 7(2), Article IX-B of the 1987 Constitution: “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…”
Factual and Legal Background
Executive Order No. 284 purported to limit Cabinet members and their deputies to not more than two additional positions beyond their primary office, mandated relinquishment of any excess, and required that at least one-third of government-owned or controlled corporation boards be composed of executive department officials.
Petitioners’ Contentions
EO 284 contravenes Section 13, Article VII’s absolute, self-executing prohibition against holding any other office or employment, permitting only those exceptions expressly enumerated in the Constitution (e.g., the Vice-President’s Cabinet membership, the Secretary of Justice’s ex-officio seat on the Judicial and Bar Council).
Respondents’ Arguments
Respondents invoked DOJ Opinions Nos. 73, 129, and 155, which interpreted Section 13, Article VII in conjunction with Section 7(2), Article IX-B to allow additional positions if authorized by the Constitution, by law, or by the primary functions of the office. They maintained EO 284 was a valid exercise of executive authority.
Constitutional Interpretation and Framers’ Intent
Applying a purposive approach, the Court noted the historical abuses during martial law when officials amassed multiple posts for enrichment. The 1987 framers intended a stricter prohibition on the President and his official family than that imposed on the general civil service.
Distinction between Principal and General Provisions
Section 7(2), Article IX-B sets a general rule for all appointive officials with broad exceptions. Section 13, Article VII, by contrast, imposes an absolute ban on the President, Vice-President, Cabinet members, and their deputies or assistants from holding any other office or employment
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Procedural History
- Two petitions (G.R. No. 83896 by Civil Liberties Union; G.R. No. 83815 by Anti-Graft League and Crispin T. Reyes) were consolidated on August 9, 1988.
- Both sought a declaration that Executive Order No. 284 (July 25, 1987) is unconstitutional under the 1987 Constitution.
- Anti-Graft League further sought writs of prohibition and mandamus, a temporary restraining order, cessation of dual/multiple positions by respondents, and refund of salaries or benefits received.
Parties
- Petitioners
• Civil Liberties Union (challenging EO 284 before the Executive Secretary)
• Anti-Graft League of the Philippines, Inc. and Crispin T. Reyes (challenging EO 284 before various Cabinet secretaries and department heads) - Respondents
• Executive Secretary (Civil Liberties Union case)
• Cabinet members, undersecretaries, assistant secretaries, heads of government agencies and economic bodies (Anti-Graft League case), including Secretaries Juico, Dominguez, Quisumbing, Factorán, Jayme, Ordoñez, Drilon, Santos, Ramos, Benigno, Ferrer, Arrizabal, Concepcion, González, Bengzon, Reyes, Carague, Monsod.
Executive Order No. 284 (July 25, 1987)
- Section 1 allows any Cabinet member, undersecretary, assistant secretary or other appointive executive official to hold, in addition to a primary position, up to two additional government positions (excluding ad hoc bodies or committees, or boards chaired by the President).
- Section 2 requires officials holding more than the allowed positions to relinquish excess posts to the next‐in‐rank subordinate.
- Section 3 mandates that at least one‐third of the boards of government‐owned or controlled corporations be secretaries, undersecretaries, or assistant secretaries.
Relevant Constitutional Provisions
- Section 13, Article VII (1987 Constitution)
• Absolute prohibition on President, Vice-President, Cabinet members and their deputies/assistants from holding “any other office or employment” during tenure, from practicing professions, participating in business, or having financial interest in government contracts or franchises—unless expressly provided in the Constitution. - Section 7, Article IX-B, paragraph (2) (Civil Service)
• General rule for appointive officials: “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….” - Other exceptions expressly in the Constitution
• Vice-President may be appointed Cabinet member (Sec. 3, par. 2, Art. VII)
• Secretary of Justice is ex-officio member of the Judicial and Bar Council (Sec. 8, A