Case Digest: Civil Liberties Union v. Executive Secretary, GR No. 83896, February 22, 1991

 Political Law Review | Interpretation/Construction of the Constitution

  • Executive Order No.  284 (July 25, 1987) authorized Cabinet members, undersecretaries, assistant secretaries to hold up to two additional government positions with compensation.

  • Petitioners challenged the EO, arguing it violated Section 13, Article VII of the 1987 Constitution, which prohibits the President, Vice‑President, Cabinet members and their deputies from holding “any other office or employment” during tenure unless otherwise provided in the Constitution.


Whether EO No. 284 is constitutional. NO.

  • E.O. 284 is unconstitutional. Only the exceptions explicitly stated in the Constitution, such as the Vice‑President’s Cabinet membership, or the Secretary of Justice as a Judicial and Bar Council ex‑officio member are allowed, not additional exceptions created by an executive action.

  • The plain phrase “unless otherwise provided in this Constitution” must refer only to the provided exceptions in the Constitution.

  • In construing constitutional provisions, the object sought to be accomplished and the evils it sought to remedy must  be considered. The framers intended to avoid conflicts of interest and the concentration of power seen under previous regimes (martial law).

  • Ambiguities are resolved in light of the historical context and conditions under which the Constitution was crafted.

  • The Constitution should be interpreted as a whole (ut magis valeat quam pereat). Sections on the same subject matter (disqualifications) must be interpreted together, not construed in isolation to defeat other provisions.

  • When a constitutional provision is clear on its face, courts should construe it based on what is plainly written and understood by the people, rather than relying on framers’ debates. Only when the textual meaning is doubtful may one consult convention debates with caution.

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