G.R. No.

83896             February 22, 1991

CIVIL LIBERTIES UNION, petitioner,

vs.
THE EXECUTIVE SECRETARY, respondent.

Ponente: FERNAN, C.J.

Facts:

The petitioners are challenging EO 284’s constitutionality because it adds exceptions to Section
13 of Article VII other than those provided in the Constitution. According to the petitioners, the only
exceptions against holding any other office or employment in government are those provided in the
Constitution namely: 1. The Vice President may be appointed as a Member of the Cabinet under Section
3 (2) of Article VII. 2. The Secretary of Justice is an ex – officio member of the Judicial and Bar Council
by virtue of Section 8 of Article VII. \

Issue:

Whether or not Executive Order No. 284 is constitutional?

Ruling:

NO. 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 than 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 Section 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.