B. Privileges, Inhibitions, and Disqualifications

B. Privileges, Inhibitions, and Disqualifications

1. Presidential Immunity 2. Executive Privilege

1987 CONST., art. VII, secs. 6 and 13

> SECTION 6. The President shall have an official residence. The salaries of the President and Vice-President shall be determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the Government or any other source. SECTION 13. 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. The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not during his tenure be appointed as members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

Disqualifications

The Chief Presidential Legal Counsel (CPLC) has the duty of giving independent and impartial legal advice on the actions of the heads of various executive departments and agencies and to review investigations involving heads of executive departments and agencies, as well as other Presidential appointees.

The PCGG is charged with the responsibility, under the President, of recovering ill-gotten wealth. The offices of the PCGG and CPLC are incompatible. Without question, the PCGG is an agency under the Executive Department. Thus, the actions of the PCGG Chairman are subject to the review of the CPLC (Public Interest Center Inc. v. Elma, G.R. No. 138965, June 30, 2006).

Prohibited Acts

• Shall not receive any other emoluments from the government or any other source [For President and Vice-President, Section 6, Article VII, 1987 Constitution].
• Unless otherwise provided in the Constitution, shall not hold any other office or employment [Section 13, Article VII, 1987 Constitution].

Exceptions

• The prohibition does not include posts occupied by executive officials without additional compensation in an ex officio capacity, as provided by law or as required by the primary functions of the said official’s office [National Amnesty Commission v. COA, G.R. No. 156982 (2004)].
• The Vice-President being appointed as a member of the cabinet.
• The Vice-President acting as president when one has not yet been chosen or qualified [Section 7(2) & (3), Article VII, 1987 Constitution].
• The Secretary of Justice sitting as ex officio member of the Judicial and Bar Council [Section 8(1), Article VIII, 1987 Constitution; Civil Liberties Union v. Executive Secretary, supra].
• Shall not 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 [Section 13, Article VII, 1987 Constitution]
• Strictly avoid conflict of interest in the conduct of their office [Section 13, Article VII, 1987 Constitution].
• May not appoint (a) spouse; or (b) relatives by consanguinity or affinity within the fourth civil degree as members of Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government owned or controlled corporation and their subsidiaries.

Disqualification and Prohibitions:

• Cannot hold any other office or employment during his tenure;
• Cannot directly or indirectly practice any other profession or participate in any business during his tenure;
• Cannot be financially interested, directly or indirectly, in any contract with or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCCs or their subsidiaries.