Professor Masipag who holds a plantilla or regular item in the University of the Philippines (UP) is appointed as an Executive Assistant in the Court of Appeals (CA). The professor is considered only on leave of absence in UP while he reports for work at the CA which shall pay him the salary of the Executive Assistant. The appointment to the CA position was questioned, but Professor Masipag countered that he will not collect the salary for both positions; hence, he can not be accused of receiving double compensation. Is the argument of the professor valid? Explain. (4%)
Suggested answer only. Not an official answer and not legal advice.
No, the argument of Professor Masipag is not valid.
Under Section 7(2), Article IX-B of the 1987 Constitution, unless allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government. The prohibition focuses on the dual holding of incompatible offices, distinct from receiving double compensation under Section 8, Article IX-B.
Here, Professor Masipag holds a regular plantilla item in the University of the Philippines. Accepting another appointive position as Executive Assistant in the Court of Appeals while merely on a leave of absence violates the constitutional prohibition against holding dual public offices, regardless of his waiver of one salary.
Therefore, his argument is invalid, as waiving one salary does not cure the illegal holding of dual or incompatible public positions.
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Quick check
Under Section 7(2), Article IX-B of the Constitution, what is required for an appointive official to validly hold another public office?
Section 7(2), Article IX-B allows an appointive official to hold another office only if allowed by law or required by the primary functions of the position.
How does Section 7(2) regarding holding dual offices differ from Section 8 regarding double compensation in Article IX-B?
Section 7 prohibits the dual holding of offices, whereas Section 8 restricts receiving additional or double compensation.
Does waiving the salary of a second appointive government position validate holding dual offices under Section 7(2), Article IX-B?
Waiving a salary avoids receiving double compensation but does not cure the illegal holding of dual appointive offices.
What is the effect on the original appointive office when a public officer accepts an incompatible second appointive office without legal authorization?
Accepting an incompatible second office operates as an implied resignation from or vacation of the first office.
Why does taking a leave of absence from a plantilla position in UP not allow a regular professor to hold an Executive Assistant position in the Court of Appeals?
Taking a leave of absence preserves the legal hold on the first office, thereby violating the constitutional ban on holding dual offices.
Learn more about these topics
1. Dual Office Holding
Under Section 7(2), Article IX-B of the 1987 Constitution, no appointive official shall hold any other office or employment in the government unless allowed by law or by the primary functions of his position. This constitutional prohibition aims to prevent dual holding of public offices to ensure full devotion to public duties and prevent conflicts of interest. Holding two appointive positions simultaneously is generally prohibited regardless of whether the official collects both salaries. Thus, leaves of absence do not sever the official connection to the original regular position.
2. Double Compensation
Section 8, Article IX-B of the 1987 Constitution prohibits public officers and employees from receiving additional, double, or indirect compensation unless specifically authorized by law. Double compensation refers to receiving payment for multiple government positions or additional remuneration for services rendered. This prohibition is distinct from the prohibition against holding dual offices under Section 7. While waiving one salary avoids violating Section 8 regarding double compensation, it does not cure or validate the separate constitutional violation under Section 7 concerning the dual holding of public offices.
3. Incompatible Offices
Incompatible offices are public positions whose functions, duties, or performance conflict, creating physical impossibility or legal impropriety in serving both simultaneously. The prohibition against holding incompatible offices ensures that a public officer's allegiance and time are not divided between conflicting duties. Accepting an incompatible position automatically results in the vacation of the first office. Even if an officer takes an uncompensated leave of absence from the first position, holding another appointive office in a different branch of government remains constitutionally prohibited.