Civil Liberties Union vs. Executive Secretary

G.R. No. 83896

194 SCRA 317

February 22, 1991

Petitioner: Civil Liberties Union

Respondent: Executive Secretary

FACTS: Consolidated petitions are being resolved jointly as both seek for the declaration of the unconstitutionality of Executive Order No. 284 (EO No. 284) issued by former President Corazon C. Aquino on July 25, 1987.

EO No. 284 allows members of the Cabinet, their Undersecretaries and Assistant Secretaries to hold other than their government positions in addition to their primary positions.

• Section 1: A Cabinet member, Undersecretary or Assistant Secretary or other appointive officials of the Executive Department may, in addition to his primary position, hold not more than two (2) positions in the government and government corporations and receive corresponding compensation thereof.

• Section 2: If they hold more than the requisites of 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 officer hold not more than two (2) 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, Undersecretary or Assistant Secretary.

Petitioners are challenging EO No. 284's unconstitutionality as its provisions are in direct contrast with Section 13, Article VII of 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 Cabinet member under Section 3(2) of Article VII; 2) The Secretary of Justice is and ex-officio of the Judicial and Bar Council by virtue of Section 8, Article VIII.

Constitutional provisions:

• Section 13, Article VII: The President, Vice-President, the Members of the Cabinet and their Deputies or Assistants shall not, unless otherwise provided by the Constitution, hold any other office or employment during their tenure. They shall not, directly or indirectly, during their tenure, 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.

• Section 8, Article VIII: 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. 

ISSUE: Whether or not EO No. 284 is constitutional.

HELD: The Court ruled in the negative.

It has been held that 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 framed.

The legislative intent of both Constitutional provisions is to prevent government officials from holding multiple positions in the government for self enrichment which is a betrayal of public trust.

The provisions of EO No. 284 above-mentioned are in direct contradiction to the express mandate provided by the Constitutional provisions (Sec 13, Art VII and Sec 8, Art VIII). The Constitution, the fundamental law of the land, shall reign supreme over any other statute. When there is conflict, it shall be resolved in favor of the highest law of the land. Thus, the Court held that EO No. 284 is UNCONSTITUTIONAL. As a result, DENR Secretary Fulgenio Factoran, Jr., DILF Secretary Luis Santos, DOH Secretary Alfredo Bengzon and DBM Secretary Guillermo Carague are ordered to immediately relinquish their offices and employment. 

WHEREFORE, subject to the qualifications stated, the petitions are GRANTED. Executive Order No. 284 is hereby declared null and void and is accordingly set aside.

• Constitutional Law 1: CH 2: 1987 Constitution; Supremacy of the Constitution (Textbook: Cruz, Professor: Atty. Usita)
• Statutory Construction: CH 11: Constitutional Construction (Textbook: Agpalo, Professor: Atty. Bathan)

♥ Reese Corpuz