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January 27, 2022

On appointive, elective officials holding ex-officio capacities: Sen. Sonny Angara, during a hybrid plenary session on Thursday, January 27, 2022, asks whether elective and appointive officials can hold other positions even in ex-officio capacities. Angara cited a Supreme Court decision in the Civil Liberties Union versus the Executive Secretary during the Corazon Aquino presidency declaring as null and void for being unconstitutional an executive order allowing a cabinet member, undersecretary or assistant secretary or other appointive officials of the Executive Department, in addition to his primary position, to hold more positions in government and government corporations and receive the corresponding compensation. “I think the Supreme Court ruled that if it is an ex officio capacity and related to their primary duties, and there is no added compensation such that it will violate the Supreme Court ruling or the constitutional rule against double compensation and the holding of double offices, then that was an exception to the general rule laid down in the Constitution, as well as the stricter rule for cabinet officials,” Angara said. (Screen grab/Senate PRIB)

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