Civil Liberties Union v Executive Secretary

GR 83896
February 22, 1991
FERNAN, C.J

Facts: The petitioners assail the constitutionality of EO 284 issued by President Aquino which allows a member of the Cabinet, undersecretary or assistant secretary or other appointive officials of the Executive Department may, in addition to his primary position, hold not more than two positions in the government and government corporations. This EO provision allegedly contravenes the provision of Sec 1, Article VII prohibiting the President, Vice-President, the Members of the Cabinet, and their deputies or assistants to hold any other office or employment during their tenure.

Issue: Is EO 284 is unconstitutional?

Held: Yes for being in direct contrast of the mandate of Sec 1, Article VII. 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 circumstance under which the Constitution was formed. What is being prevented by this provision is the abuses made by unscrupulous officials holding concurrent positions who took advantage of this scheme for purposes of self-enrichment as what became prevalent during the time of President Marcos.