I.

AIDS TO CONSTRUCTION

1. Civil Liberties Union v. Executive Secretary, 194 SCRA 317 (1991)

Doctrine: The Court in construing a constitution should bear in mind the object sought to be accomplished by its
adoption and the evils if any sought to be prevented or remedied; A doubtful provision will be examined in the light of
the history of the times and the condition and circumstances under which the Constitution was formed

Facts: The petitioner are assailing the Executive Order No. 284 issued by the President allowing cabinet members,
undersecretary or asst. secretaries and other appointive officials of the executive department to hold 2 positions in
the government and government corporations and to receive additional compensation. They find it unconstitutional
against the provisions provided by Section 13, Article VII prohibiting the President, Cabinet members and their
deputies to hold any other office or employment

Section 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.

And Section 7, par. (2), Article IX-B

SECTION 7. No elective official shall be eligible for appointment or designation in any

capacity to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no

appointive official shall 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.

Respondents contend that Executive Order is valid and constitutional as Section 7 of Article IX-B stated “unless
otherwise allowed by law” which is construed to be an exemption from that stipulated on Article VII, section 13, such
as in the case of the Vice President who is constitutionally allowed to become a cabinet member and the Secretary of
Justice as ex-officio member of the Judicial and Bar Council.

Issue: Whether Section 7 of Article IX-B provides an exemption to Article VII, section 13 of the constitution.

Held:
No. The court held it is not an exemption since the legislative intent of both Constitutional provisions is to prevent
government officials from holding multiple positions in the government for self-enrichment which a betrayal of public
trust.

Section 7, Article I-XB 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.

Thus, the phrase “unless otherwise provided by the Constitution” in Section 13, Article VII cannot be construed as a
broad exception from Section 7 of Article IX-B that is contrary to the legislative intent of both constitutional
provisions. Such phrase is only limited to and strictly applies only to particular instances of allowing the VP to become
a cabinet member and the Secretary of Justice as ex-officio member of the Judicial and Bar Council. The court thereby
declared E.O 284 as null and void.