Title
Limits on gov't officials holding multiple posts
Law
Executive Order No. 284
Decision Date
Jul 25, 1987
Corazon C. Aquino's Executive Order No. 284 permits Cabinet members and other executive officials to hold up to two additional government positions, ensuring efficiency and safeguarding government interests in controlled corporations while mandating compliance reporting to the Office of the President.

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.

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