CASE DIGEST NO. 1

CIVIL SERVICE COMMISSION

CIVIL LIBERTIES UNION VS. EXECUTIVE SECRETARY

FACTS:
Petitioners: Ignacio P. Lacsina, Luis R. Mauricio, Antonio R. Quintos and Juan T. David for petitioners in 83896 and Juan T. David for petitioners in 83815. Both petitions were consolidated and are being resolved jointly as both seek a declaration of unconstitutionality of Executive Order No. 284 issued by President Corazon C. Aquino.

Executive Order No. 284, according to the petitioners allows members of the cabint, their undersecretaries and assisstant secretaries to hold other than government offices or positions in addition to their primary positions. The pertinent provisions of EO 284 is as follows:

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 positions in the government and government corporations and receive corresponding compensation thereof.

Section 2: If they hold more than what is required in 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 positions other than his primary position.

Section 3: At least 1/3 of the members of the bords of such corporation should either be a secretary, undersecretary or assistant secretary.

The petitioners are challenging EO 284's constitutionality because it adds exceptions to Section 13 of Article VII of the constitution.According to the petitioners, the only exceptions against holding any other office or empolyment in government are those provided in the constitution namely: 1. The Vice President may be appointed as the Cabinet Member under Sec. 3 (2) of Article VII. 2. The secretary of justice is an ex-officio of the Judicial and Bar Council by virtue of Sec. 8 of Article VIII.

ISSUE:

Whether or not Executive Order No. 284 is constitutional.

RULING OF COURT:

No. It is unconstitutional. Petition granted. Executive Order No. 284 was declared null and void.