Constitutional basis and governing intent
- Section 13, Article VII and Section 7, paragraph 2, Article IX-B of the Constitution allow appointive officials to hold offices or employment in the government if allowed by law or the primary functions of their position.
- Executive Order No. 284 implements and regulates that constitutional authorization for appointive officials of the Executive Department.
- Executive Order No. 284 ensures efficiency by limiting the number of government positions that each covered official may hold.
- Executive Order No. 284 safeguards the government’s interests in government-owned or controlled corporations by requiring board membership composition.
Who is covered
- Section 1 covers a member of the Cabinet.
- Section 1 covers undersecretaries.
- Section 1 covers assistant secretaries.
- Section 1 covers other appointive officials of the Executive Department.
- The Executive Order governs what these officials may hold in addition to their primary position.
Permitted number of positions
- Section 1 allows a covered official, in addition to the primary position, to hold not more than two positions in the government and government corporations.
- Section 1 allows the covered official to receive the corresponding compensation for the additional positions held within the limit.
- Section 1 provides an exception: the limitation in Section 1 does not apply to ad hoc bodies or committees, or to boards, councils or bodies of which the President is the Chairman.
Excess positions must be relinquished
- Section 2 requires a covered official who holds more positions than allowed in Section 1 to relinquish the excess positions.
- Section 2 requires relinquishment in favor of a subordinate official who is next in rank.
- Section 2 prohibits any official from holding more than two positions other than his primary position, even after relinquishment.
Board composition in GOCCs
- Section 3 requires that at least one-third (1/3) of the members of the Boards of government-owned or controlled corporations be a Secretary, or undersecretary, or assistant secretary.
- Section 3 mandates this composition to fully protect the interests of the government in government-owned or controlled corporations.
Compliance submission to the President
- Section 4 requires all officials affected by Executive Order No. 284 to submit to the Office of the President their compliance with the Executive Order.
Repeal of inconsistent rules
- Section 5 repeals or modifies all laws, orders, rules and regulations, or parts thereof that are inconsistent with Executive Order No. 284.
- Section 5 requires inconsistency to be resolved by repeal or modification accordingly.
Immediate effect and implementation timing
- Section 6 provides that Executive Order No. 284 takes effect immediately upon issuance.
- Executive Order No. 284 is executed by the President on July 25, 1987 and signed by Corazon C. Aquino with Joker P. Arroyo as Executive Secretary.