The President of the Philippines made appointments in two executive positions, to wit: (1) to solve the

impending power crisis and frequent blackouts, he appointed Nanny Binoy, an incumbent senator, as the
new Department of Energy Secretary; and (2) to improve the shrimp industry in the country he appointed
Sara Inday Batongbakal, an incumbent District Representative of Davao City, as the chairman of the
newly created Komisyon ng Industriya ng Hipon under the Department of Agriculture. This new
commission was created under a law enacted just last year. Can the appointees accept their respective
position? Regardless they can or cannot, assume both accepted the appointment by executing and sending
their certificates of their oath of office and certificates of assumption of duty to Malacañang, what will be
the legal effect? Explain your answer by discussing the applicable concept.

a. No, the appointees should not accept their respective positions.

Section 13. Article 6 of the 1987 Philippine Constitution provides that:

No Senator or Member of the House of Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his term without forfeiting his seat; and

As enunciated in Book II Chapter 2 Section 3 (1) of Executive Order No. 292 or the
Administrative Code of 1987:

Section 3. Inhibitions Against Members of Congress. - (1) No Senator or Member of the House of
Representatives may hold any other office or employment in the Government, or any subdivision agency,
or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries,
during his term without forfeiting his seat. Neither shall he be appointed to any office which may have
been created or the emoluments thereof increased during the term for which he was elected.

b. Assuming that both elected officials accepted their positions, they are both deemed resigned from their
respective elective officials.