a. President, Vice President, Cabinet Members, their Deputies and Assistants (Const., Art. VII, Sec. 13)

President, Vice President, Cabinet Members, their Deputies and Assistants (Const., Art. VII, Sec. 13)

Concept

The President, Vice President, Members of the Cabinet, and their deputies and assistants are constitutionally prohibited from practicing any profession during their tenure. For a lawyer holding one of these offices, the prohibition covers private law practice; it is not merely a rule against appearing in court. (1987 Constitution, Art. VII, Sec. 13)

Governing provisions

Article VII, Section 13 of the Constitution imposes restrictions on these officials beyond the general rules for public officers. Section 7(b)(2) of RA 6713 likewise prohibits public officials and employees from privately practicing a profession unless the Constitution or a law authorizes it and the practice does not conflict, or tend to conflict, with official functions. (1987 Constitution, Art. VII, Sec. 13) (Sec. 7, Rep. Act No. 6713)¹

Requisites / Rules

• Covered officials: The President, Vice President, Members of the Cabinet, and their deputies and assistants are subject to the Article VII restriction during their tenure. (1987 Constitution, Art. VII, Sec. 13)
• Professional practice: They must not, directly or indirectly, practice any other profession. A covered lawyer cannot avoid the prohibition by practicing through another person. (1987 Constitution, Art. VII, Sec. 13)
• Other restrictions: Unless the Constitution otherwise provides, they may not hold any other office or employment during their tenure. They also may not participate in any business or be financially interested in a contract, franchise, or special privilege granted by the Government or its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries. (1987 Constitution, Art. VII, Sec. 13)

Distinctions

Do not treat this as the ordinary RA 6713 rule under which private professional practice may be allowed if authorized by the Constitution or law and free from conflict with official functions. Article VII, Section 13 directly prohibits covered officials from practicing any other profession during their tenure. (1987 Constitution, Art. VII, Sec. 13) (Sec. 7, Rep. Act No. 6713)¹

Exceptions

The Constitution itself permits the Vice President to be appointed a Member of the Cabinet without confirmation and makes the Secretary of Justice an ex officio member of the Judicial and Bar Council. These constitutional roles do not create permission to engage in private law practice. (1987 Constitution, Art. VII, Secs. 3 and 13) (1987 Constitution, Art. VIII, Sec. 8(1))

Bar tip

Identify the official first. For a lawyer covered by Article VII, Section 13, apply the constitutional prohibition during tenure—not a conflict-of-interest test that would allow private practice. (1987 Constitution, Art. VII, Sec. 13) (Sec. 7, Rep. Act No. 6713)¹