Civil Liberties Union Vs The Executive Secretary

Business History Law

CIVIL LIBERTIES UNION VS THE EXECUTIVE SECRETARY 194 SCRA 317 Political Law: Ex Officio Officials-Members of the Cabinet-Singularity of Office-EO 284 . FACTS: In July 1987, then President Corazon Aquino issued Executive Order No.  284 which allowed members of the Cabinet, their undersecretaries and assistant secretaries to hold other government offices or positions in addition to their primary positions subject to limitations set therein. The Civil Liberties Union (CLU) assailed this EO averring that such law is unconstitutional. The constitutionality of EO 284 is being challenged by CLU on the principal submission that it adds exceptions to Sec 13, Article 7 of the Constitution which provides: . “Sec. 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.” . CLU avers that by virtue of the phrase “unless otherwise provided in this Constitution“, the only exceptions against holding any other office or employment in Government are those provided in the Constitution, namely: (i) The Vice-President may be appointed as a Member of the Cabinet under Sec 3, par. (2), Article 7; and (ii) the Secretary of Justice is an ex-officio member of the Judicial and Bar Council by virtue of Sec 8 (1), Article 8. . ISSUE: Whether or not EO 284 is constitutional. . HELD: No, it is unconstitutional. It is clear that the 1987 Constitution seeks to prohibit…

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