Public

Officers – September 10, 2019

Art. III – Free exercise of religion, no prejudice in the exercise of political and civil rights

Should a person lose in the elections, after how long may he/she be appointed once again?
Ø Reckoning of a year is 12 calendar months
Ø 1-year bar as the period barring appointment from the time/day that said person loses
the election/s

Military officers or members of the Armed Forces cannot be appointed while in service

Nepotism
Ø Who cannot be appointed?
Ø Who are relatives?
o Those related either by consanguinity or affinity
Ø Trivia: latin word for nephew is nepos and plural is nepotes
Ø Who is not allowed to appoint whom?
o Relative of the appointee or recommending authority
o Those related of consanguinity or affinity
Ø Exception:
o Those appointed in a confidential capacity
Ø Cure of EO 292 to prohibited appointments not covered by said law, prior to its
effectivity
o Such person appointed is not allowed still
Ø Trivia: one of the most brilliant cardinals in history is St. Robert Bellarmine, SJ, was
appointed by virtue of nepotism as he was a nephew of the Pope

P-VP-Cab-USec-ASec - Deputies and assistants as equivalents of USec and ASec, respectively
Ø Cannot practice another trade, business, or profession
Ø Shall not be interested with any economic transaction, project, program, of the
government

P-VP-Cab-USec-Asec

No elective official shall be appointed to any office during his term

No appointive official shall hold any other employment during his term, applies even up to
GOCCs and officers thereof






 Prohibitions - Tabulated

Sec. 13 Par.1

President – cannot hold any other office or employment
VP – cannot practice directly or indirectly any other profession
Members of Cabinet – cannot directly/indirectly participate in any business
Deps or Assistants – cannot be financially interested in any contract/franchise/special
privilege granted by the government

Sec. 13 Par. 2

Spouse – ConComms
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Relatives by consanguinity or affinity within 4 degree - Office of the Ombudsman
Secretaries, Usecs, Chairmen, Heads

Elective officials
Ø Cannot be appointed/designated in any capacity to any public office/position

Appointive officials
Ø Any other office/employment in government (including GOCCs)
o UNLESS
§ Allowed by LAW
§ Allowed by PRIMARY FUNCTIONS of his office



Notes: