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Civil Liberties Union VS. Executive Secretary Facts
Civil Liberties Union VS. Executive Secretary Facts
Executive Secretary
FACTS:
Petitioners: Ignacio P. Lacsina, Luis R. Mauricio, Antonio R. Quintos and Juan T. David for
petitioners in 83896 and Juan T. David for petitioners in 83815. Both petitions were
consolidated and are being resolved jointly as both seek a declaration of the
unconstitutionality of Executive Order No. 284 issued by President Corazon C. Aquino on July
25, 1987.
Executive Order No. 284, according to the petitioners allows members of the Cabinet, their
undersecretaries and assistant secretaries to hold other than government offices or positions
in addition to their primary positions. The pertinent provisions of EO 284 is as follows:
Section 2: If they hold more positions more than what is required in section 1, they must
relinquish the excess position in favor of the subordinate official who is next in rank, but in no
case shall any official hold more than two positions other than his primary position.
Section 3: AT least 1/3 of the members of the boards of such corporation should either be a
secretary, or undersecretary, or assistant secretary.
Issue:
Decision:
No. It is unconstitutional. Petition granted. Executive Order No. 284 was declared null and
void.
Ratio:
In the light of the construction given to Section 13 of Article VII, Executive Order No. 284 is
unconstitutional. By restricting the number of positions that Cabinet members,
undersecretaries or assistant secretaries may hold in addition their primary position to not
more that two positions in the government and government corporations, EO 284 actually
allows them to hold multiple offices or employment in direct contravention of the express
mandate of Sec. 13 of Article VII of the 1987 Constitution prohibiting them from doing so,
unless otherwise provided in the 1987 Constitution itself.
The phrase “unless otherwise provided in this constitution” must be given a literal
interpretation to refer only to those particular instances cited in the constitution itself: Sec. 3
Art VII and Sec. 8 Art. VIII.