Civil Liberties Union vs.

Executive Secretary

FACTS: Petitioners Civil Liberties Union and Anti-Graft League of the Philippines, Inc. seek the
declaration of unconstitutionality of Executive Order 284. The said EO provides “…a member of the
Cabinet, undersecretary or assistant secretary or other appointive officials of the Executive
Department may, in addition to his primary position, hold not more than two positions in the
government and government corporations and receive the corresponding compensation therefor…”

Petitioners contend that the EO contravenes Section 13, Article VII of the 1987 Constitution, which
states:

“Sec. 13. 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. They shall not, during said tenure, directly or indirectly practice any other profession,
participate in any business, or be financially interested in any contract with, or in any franchise, or
special privilege granted by the Government or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid
conflict of interest in the conduct of their office.”

Respondents, on the other hand, base their claims on DOJ Opinion No. 73 which declared that Cabinet
members, their deputies (undersecretaries) and assistant secretaries may hold other public office,
including membership in the boards of government corporations: (a) when directly provided for in the
Constitution as in the case of the Secretary of Justice who is made an ex-officio member of the Judicial
and Bar Council under Section 8, paragraph 1, Article VIII; or (b) if allowed by law; or (c) if allowed by
the primary functions of their respective positions.

ISSUE: Whether or not Cabinet members, undersecretaries, and assistant secretaries may hold
additional positions pursuant to EO 284

RULING: No. Section 7, Article IX-B of the 1987 Constitution is meant to lay down the general rule
applicable to all elective and appointive public officials and employees, while Section 13, Article VII is
meant to be the exception applicable only to the President, the Vice- President, Members of the
Cabinet, their deputies and assistants.

Ostensibly restricting the number of positions that Cabinet members, undersecretaries or assistant
secretaries may hold in addition to their primary position to not more than two (2) positions in the
government and government corporations, Executive Order No. 284 actually allows them to hold
multiple offices or employment in direct contravention of the express mandate of Section 13, Article
VII of the 1987 Constitution prohibiting them from doing so, unless otherwise provided in the 1987
Constitution itself. EO 284 was declared unconstitutional.