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Civil Liberties Union vs. Executive SecretariesG.R. No. 83892 February 22, 1991

Facts:

Petitioners: Ignacio P. Lacsina, Luis R. Mauricio, Antonio R. Quintos and JuanT. David for petitioners in 83896 and Juan T. David for petitioners in 83815. Bothpetitions were consolidated and are being resolved jointly as both seek adeclaration of the unconstitutionality of EO No. 284 issued by President CorazonAquino on July 25, 1987.

EO No. 284, according to the petitioners allows members of the Cabinet, theirundersecretaries and assistant secretaries to hold other than government offices orposition in addition to their primary positions. The pertinent provisions of EO 284are as follows:

Sec 1: A cabinet member, undersecretary or assistant secretary or other appointiveofficials of the Executive Department may in addition to his primary position, holdnot more than 2 positions in the government and government corporations andreceive the corresponding compensation thereof.

Sec 2: If they hold more positions more than what is required in section 1, theymust relinquish the excess position in favor of the subordinate official who is next inrank, but in no case shall any official hold more than two positions other than hisprimary positions.

Sec 3: At least 1/3 of the members of the boards of such corporation should eitherbe a secretary or undersecretary, or assistant secretary.

The petitioners are challenging EO 284s constitutionality because it addsexemptions to Section 13 of Article VII other than those provided in the constitution.According to the petitioners, the only exceptions against holding any other office oremployment in the government are those provided in the constitution namely: 1.

The Vice President may be appointed as members of the cabinet under Section 3par. 2 of Article VII. 2. The Secretary of Justice is an ex-officio member of the judicialand Bar Council by virtue of Sec 8 of Article VIII

ISSUE: Whether or not Executive Order No. 284 is constitutional

Held:

In light of the construction given to Sec 13 of Article VII, EO No. 284 isunconstitutional. By restricting the number of positions that Cabinet Members,undersecretaries and assistant secretaries may hold in addition to their primaryposition to not more than two positions in the government and governmentcorporations, EO No. 284 actually allows them to hold multiple offices oremployment in direct contravention of the express mandate of Sec 13 of Article 7 of

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the 1987 constitution prohibiting them from doing so, unless otherwise provided inthe 1987 constitution itself.

The phrase unless otherwise provided in this constitution must be givenliteral interpretation to refer only to those particular instances cited in theconstitution itself: Sec 3 Art. VII and Sec 8 Art VIII.

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People of the Philippines vs. ManantanG.R. No. L- 14129 July 31, 1962

Facts:

Defendant Gillermo Manantan was charged of violation of Sec 54 of theRevised Election Code in the province of Pangasinan. The said section states thatno justice, judge, fiscal, treasurer or assessor of any province, no officer oremployee of the army, municipal or rural police force and no classified civil serviceofficer or employee should aid any candidate or exert any influence in any mannerin any election or take part therein, except to vote, if entitled thereto, or to preservepublic, if he is a peace officer. He argued that he, as justice of peace, is not one ofthe person enumerated in the said section prohibited to aid.

Issue: Whether or not a justice of peace is included in the prohibition of section 54of the Revised Election Code.

Held:

Yes, Justice of Peace is included in the prohibition of section 54 of the RevisedElection Code.

In the case under consideration, it has already been shown that thelegislature did not exclude or omit justices of the peace from the enumeration ofofficers prohibited in engaging in partisan political activities, rather, they weremerely called by another term. In Sec 54 of the Revised Election Code, justices of

the peace were called Judges.