DOJ Opinion No. 106, s. 1988

DOJ OPINION NO. 106 , s. 1988 May 25, 1988 Fr. Conrado Balweg Chief Executive Cordillera Bodong Administration (CBA) Bugnay, Tinglayan, Kalinga Apayao Sir : This refers to your request for opinion on whether or not Provincial Fiscal Felix Cabading of Benguet and Atty. Florence Taguiba of the Bureau of Internal Revenue may be appointed as representatives of the Cordillera Bodong Administration (CBA) in a concurrent capacity and without additional compensation. Your query is answered in the affirmative. Pursuant to E.O. No. 284, Provincial Fiscal Felix Cabading and Atty. Florence Taguiba may be appointed concurrently as representatives of the CBA without additional compensation. Section 1 of E.O. No. 284 (July 25, 1987) provides: "SEC. 1. Even if allowed by law or by the primary functions of his position, a member of the Cabinet, undersecretary, assistant secretary or other appointive official of the Executive Department may, in addition to his primary position, hold not more than two positions in the government and government corporations and receive the corresponding compensation therefor: Provided, that this limitation shall not apply to ad hoc bodies or committees, or to boards, councils or bodies of which the President is the Chairman ". The positions in the CBA are essentially ad hoc . Executive Order No. 220 creating the Cordillera Administrative Region, insofar as pertinent to the present query reads: "WHEREAS, pending the convening of the first Congress and the enactment of the organic act for Cordillera autonomous region, there is an urgent need, in the interest of national security and public order, for the President to reorganize immediately the existing administrative structure in the Cordillera to suit it to the existing political realities therein and the Government's legitimate concerns in the areas, without attempting to preempt the constitutional duty of the first Congress to undertake the creation of an autonomous region on a permanent basis ." "SEC. 17. Period of Existence . The CAR and its Assembly and Executive Board shall exist until such time as the autonomous regional government shall have been established and organized under an organic act passed by Congress in accordance with Section 18, Article X of the Constitution". "SEC. 18. Term of Office . The term of office of the members and office as members and officers of the Assembly and Executive Board shall be co-terminous with the period of existence of the CAR . The City Mayor, the governors, and the regional directors shall hold office as members of the Executive Board only during the term for which they were elected and/or appointed". (Emphasis supplied) Thus, the general prohibition in the 1987 Constitution (Article IX-B, Sec. 7) precluding an appointive official from holding any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporation or their subsidiaries, does not apply to the present case of Provincial Fiscal Felix Cabading and Atty. Florence Taguiba. prcd Incidentally, it bears emphasis to state that the aforementioned E.O. 284 was issued by the President in the exercise of her legislative power before the convening of the Congress of the Philippines (1987 Constitution, Art. XVIII, Sec. 6). Please be guided accordingly. Very truly yours, (SGD.) SEDFREY A. ORDOEZ Secretary of Justice