Constitutional basis and intent
- The Executive Order is issued to implement the constitutional principle under Section 13, Article VII in conjunction with Section 7, paragraph 2, Article IX-B.
- It is designed to allow certain appointive Executive officials to hold other government offices or employment where permitted by law or the primary functions of their position.
- It regulates the number of offices that may be held to ensure efficiency and to give effect to the constitutional intent.
- It safeguards government interests in government-owned or controlled corporations by requiring specified board representation.
Coverage: who is governed
- Section 1 governs a member of the Cabinet, undersecretary, assistant secretary, and other appointive officials of the Executive Department.
- The rules operate in addition to the official’s primary position.
- The limitation in Section 1 applies to holding positions in both the government and government corporations.
Core rule: limit on additional positions
- Section 1 allows an affected official to hold not more than two positions in the government and government corporations, in addition to the primary position.
- Section 1 allows the affected official to receive the corresponding compensation for the additional positions held within the limit.
- Section 1 provides an exception: the limitation does not apply to ad hoc bodies or committees.
- Section 1 further provides that the limitation does not apply to boards, councils or bodies of which the President is the Chairman.
Excess positions and mandatory relinquishment
- Section 2 requires relinquishment if an affected official holds more positions than what is allowed in Section 1.
- Section 2 requires the excess positions to be relinquished in favor of a subordinate official who is next in rank.
- Section 2 imposes an absolute cap: in no case shall any official hold more than two positions other than his primary position.
Government corporation board representation
- Section 3 requires that, for government-owned or controlled corporations, at least one-third (1/3) of the members of the boards should be a Secretary, undersecretary, or assistant secretary.
- Section 3 allows the one-third representation to be met by any combination of those ranks: Secretary, undersecretary, or assistant secretary.
Compliance reporting to the Office of the President
- Section 4 requires all officials affected by the Executive Order to submit their compliance.
- Section 4 directs that submission be made to the Office of the President.
Repeal and inconsistency clause
- Section 5 repeals or modifies all laws, orders, rules and regulations, or parts thereof, that are inconsistent with Executive Order No. 284.
- Section 5 applies the repeal or modification to inconsistent provisions only.