Question

Topic: C. Prohibited Offices and Interests (1987 CONST, Art. IX-A, sec. 2)

1. A newly elected Senator of the Philippines is being considered for appointment to a government-owned and controlled corporation (GOCC). The GOCC is involved in business transactions that directly compete with private companies in the same industry. As a bar exam candidate, discuss whether the appointment of a Senator to such a GOCC violates the prohibition on holding multiple offices or employment in the government, as provided in Article IX-A, Section 2 of the 1987 Constitution. In your analysis, consider the nature of the GOCC, the functions and powers of the Senator, and the underlying principles behind the prohibition.

2. A well-known lawyer who is a member of the Philippine Bar runs for public office and wins as a Congressman. After assuming office, he decides to continue practicing law and receives clients who have cases pending before the courts. Analyze the situation and determine whether the lawyer violates the prohibition on practicing his profession while holding public office, as stipulated in Article IX-A, Section 2 of the 1987 Constitution. Consider the nature of the lawyer's practice, the potential conflict of interest, and the duty of a public official to prioritize public service over personal gain.

3. A high-ranking official of a Constitutional Commission is seeking election as a member of the Board of Directors of a private corporation engaged in telecommunications services. The private corporation has contracts and pending applications with the Constitutional Commission for various permits and licenses. Evaluate the possible violation of the prohibition on holding multiple offices or employment in the government by the Constitutional Commission official, as provided in Article IX-A, Section 2 of the 1987 Constitution. Consider the potential conflict of interest, the role of the Constitutional Commission, and the importance of impartiality and integrity in public service.