MP DIGEST

2014-08-16

Dela Cruz v. COA

(Issue: Executive Department, Exceptions to prohibition from holding another office)

Facts:
Petitioners, sitting as alternates for Department Secretaries, were Board members of
the NHA who were disallowed payments for their allowances and per diems.
pursuant to the ruling in CLU v. Executive Secretary, wherein the Court ruled that EO
284 was unconstitutional for allowing Cabinet members, their deputies and assistants to
hold other offices and receive compensation therefor.
Issue:
Are petitioners entitled to receive the disallowed compensation?
Held:
No. Petitioners were sitting as alternates for the Department Secretaries, who are not
allowed to receive compensation as ex-officio1 members. It follows therefore that
Petitioners, as alternates, cannot likewise be entitled to receive compensation. To
grant Petitioners compensation as alternates would give them a better right than their
principals.

Ex-officio member of the Board: One who is a member by virtue of his title to a certain
office, and who does not receive extra compensation for such duty.
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