"The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office."
Explanation
This provision ensures public accountability and prevention of conflicts of interest among high-ranking officials in the executive branch, including the President, Vice President, Cabinet members, and their deputies or assistants. It sets strict restrictions on their engagements outside of their government duties to maintain integrity and impartiality.
• Prohibition on Holding Multiple Positions
• These officials cannot hold any other government office or employment unless explicitly allowed by the Constitution.
• This prevents undue concentration of power in a single individual.
• Prohibition on Practicing Other Professions
• Officials cannot engage in private practice of law, medicine, or any other profession while in office.
• This ensures their full attention to their government duties.
• Prohibition on Business and Financial Interests
• They cannot engage in private businesses or be financially interested in government contracts, franchises, or privileges.
• This prevents corruption, favoritism, and undue influence.
• Avoidance of Conflict of Interest
• Officials must strictly avoid situations where their personal interests conflict with their official duties.
• This reinforces the principle that public service is a public trust (Section 1, Article XI).
Relevant Supreme Court Decisions
• Civil Liberties Union v. Executive Secretary (G.R. No. 83896, February 22, 1991)
• The Supreme Court ruled that Cabinet members cannot hold multiple positions in government unless explicitly authorized by law.
• The Court emphasized the need to prevent concentration of power and conflicts of interest.
• Public Interest Center, Inc. v. Elma (G.R. No. 138965, June 30, 2006)
• The Supreme Court ruled that Presidential Adviser on Special Concerns Magdangal Elma could not simultaneously serve as Chairman of the Presidential Commission on Good Government (PCGG) without violating Section 13, Article VII.
• This reaffirmed the principle that executive officials must focus solely on their assigned duties.
• Funa v. Ermita (G.R. No. 184740, February 11, 2010)
• The Supreme Court invalidated the concurrent appointment of an executive official as a member of a board of directors of a government-owned and controlled corporation (GOCC), citing the prohibition under Section 13, Article VII.
• The ruling clarified that the constitutional ban applies to both direct and indirect appointments.
Conclusion
Section 13, Article VII of the 1987 Constitution is a critical safeguard against abuse of power, corruption, and divided loyalties in the executive branch. It ensures that top officials remain focused on their duties, free from external influences, and accountable to the public. Philippine Supreme Court rulings have consistently upheld this provision, reinforcing the principle that public service requires undivided commitment."
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