Practice question
A Cabinet secretary is assigned an unrelated second corporate office, unpaid. The functions are conceded to be alien to the primary office and not an ex officio incident required by it. The appointment cites no constitutional exception. Supporters say that lack of salary alone necessarily makes the second office lawful under Civil Liberties Union. Which answer is best?
- Every unpaid second office is automatically constitutional.
- Absence of extra compensation is not by itself enough; unrelated additional officeholding does not qualify for the required ex officio-duty rationale.
- An unpaid office can never be a public office.
- Only the official’s personal preference matters.
- A corporate board may create constitutional exceptions by resolution.
Legal references
- 1987 Constitution, Article VII, Sections 6 and 13: https://lawphil.net/consti/cons1987.html
- Civil Liberties Union v. Executive Secretary, G.R. Nos. 83896 and 83815, February 22, 1991, main decision: https://lawphil.net/judjuris/juri1991/feb1991/gr_83896_1991.html
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