Practice question
A Cabinet secretary sits by law on a public board in an ex officio capacity. The additional duties are required by the primary functions of the secretary’s principal office, and no additional compensation is paid. A challenger argues that Section 13 necessarily invalidates every such assignment unless the board is individually named in the Constitution. Under Civil Liberties Union, which assessment is best?
- The challenge necessarily succeeds because every board duty is a separate office.
- The categorical challenge fails because the described required, unpaid ex officio duties are treated as part of the principal office rather than another office within the prohibition.
- The challenge fails because any second paid job is allowed if authorized by statute.
- The challenge fails because Cabinet officials are excluded from Section 13.
- The challenge succeeds only because the secretary receives no additional compensation.
Legal references
- Civil Liberties Union v. Executive Secretary, G.R. Nos. 83896 and 83815, February 22, 1991, main decision, other offices and required ex officio duties: https://lawphil.net/judjuris/juri1991/feb1991/gr_83896_1991.html
- 1987 Constitution, Article VII, Sections 3, 6 and 13: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Section 13.
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