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Philippine Bar review · Question

Practice question: Disabilities and Inhibitions of Public Officers

Multiple Choice Hard

Practice question

A Cabinet member proposes to take a second paid public office solely because an ordinary law permits appointive officials generally to hold additional posts. No constitutional authorization or qualifying ex officio role is established. Which is best under Civil Liberties Union?
  1. The general rule necessarily overrides Article VII
  2. Cabinet membership eliminates all restrictions
  3. The stricter Article VII, Section 13 limitation must be applied; the general statutory permission alone is insufficient
  4. Paying two salaries cures the issue
  5. The official may amend the constitutional exception

Legal references

  • Civil Liberties Union v. Executive Secretary, G.R. Nos. 83896 and 83815, February 22, 1991, main opinion: https://lawphil.net/judjuris/juri1991/feb1991/gr_83896_1991.html
  • 1987 Constitution, Article VII, Sections 13 and 16; Article IX-B, Sections 2 and 7: https://lawphil.net/consti/cons1987.html

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