4. Disabilities and Inhibitions of Public Officers

Inhibitions

• The salaries of the President, Vice-President, and Members of the Cabinet shall not be increased during their tenure (PHIL. CONST., art. VII, §6).
• Shall not, during 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 GOCCs or their subsidiaries (PHIL. CONST., art. VII, § 13).
• The President, Vice-President, and Members of the Cabinet shall not receive during their tenure any other emolument from the Government or any other source (PHIL. CONST., art. VII, § 6)
• Shall avoid conflict of interest in conduct of office (PHIL. CONST., art. VII, § 13).

Disqualifications Under Revised Administrative Code-Municipal Office

• For local elective office, qualifications are governed by Sec. 39 of the Local Government Code (RA 7160), and disqualifications by Sec. 40.
• Ecclesiastical status is not a disqualification. (Parnil v. Teleron, 86 SCRA413; 1987 Constitution, Art. III, Sec. 5).
• The disqualifications concerning persons receiving compensation from provincial or municipal funds and contractors for municipal public works appeared in Sec. 2175 of the Revised Administrative Code; that provision is historical, not the governing law on local elective-office disqualifications.

Prohibitions

• Hold another office or employment.
• Practice another profession.
• Participate in a business.
• Have a financial interest in a government contract, franchise, or special privilege granted by the Government or any of its subdivisions, agencies, or instrumentalities.

President’s spouse and relatives

During the President’s tenure, the President’s spouse and relatives by consanguinity or affinity within the fourth civil degree may not be appointed to the following positions:

• Members of the Constitutional Commissions;
• Members of the Office of the Ombudsman; and
• Secretaries, Undersecretaries, Chairpersons, or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

The stricter prohibition imposed on the President and the President’s official family by Article VII, Section 13, compared with the prohibition applicable to appointive officials generally under Article IX-B, Section 7(2), shows the Constitution’s intent to treat them as a distinct class subject to stricter restrictions. Civil Liberties Union v. Executive Secretary, G.R. No. 83896 (1991).

Limitations on the Exercise

• Section 13(2), Article VII, 1987 Constitution: The spouse and relatives by consanguinity or affinity within the 4th civil degree of the President shall not, during his “tenure”, be appointed as:
• Members of the Constitutional Commissions;
• Member of the Office of the Ombudsman;
• Secretaries;
• Undersecretaries;
• Chairman or heads of bureaus or offices, including GOCCs and their subsidiaries.
• Recess (Ad Interim) appointments:

The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress [Section 16(2), Article VII, 1987 Constitution].

Prohibition against Additional and Double Compensation

Rule: No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office or title of any kind from any foreign government.

Note that pensions or gratuities shall not be considered as additional, double or indirect compensation. (PHIL. CONST. art. IX-B, 8)

• Additional Compensation: when for one and the same office for which compensation has been fixed there is added to such fixed compensation an extra reward in the form of bonus and the like (BERNAS)
• Double Compensation: refers to two sets of compensation for two different offices held concurrently by one officer

Termination of Temporary Incapacity

• Upon submission to the appropriate Sanggunian of a written declaration by the Local Chief that he has reported back to office.
• If the temporary incapacity was due to legal reason, the local chief executive should also submit necessary documents showing that the legal causes no longer exist.