SEC. 12.ln ca'5e of serious illness oHhe President, the p!

Jblic
~~UJ:)~jn(~rme.J_~( t:h~ ~tat~Qf_I!~~ he~_!_I!:..:_fhe members of the
Cabinet in charge of national security and foreign relations and
the Chief of Staff of the Armed Forces of the Philippines, shall
not be denied access to the President during such illness.
When public to be informed of President's
state of health.

The problem of temporary incapacit-y was l).ighlightcd during the presidency

of Ferdinand Marcos in 1983 when his illness and lack of provision
for succession exacerbated political and economic unc(~rtainties. 1 All kinds
of speculations about his physical condition were mad0 and heard especially
during the last yean; of his administra~ion ..
This problem, a serious matter indeed involving as it docs national
Elccurity r.nd public interest., has been solved by Sedi'Jns 1 1 and 12. In case
of serious illness of the Presi.dent, the public has a right to be informed of the state of his health. To safeguard
the interest of the nation, particularly
during abnormal times, the Constitution declares that Cabinet members in
charge of ~.tion.~L.~~C\lrity and f9.t..e.i_gn_:re@ti.on~ and the OUQL<?f .S.1~f(
shall not be denied access to the President during such illness.
}.'lote that Section l~.Q9~~ . ..n<?t.r~9.illiT.. th_~the .. Ulll_~.~_.sho_gl..Qj DC.ipaci-.
tate t:iie -P~~~id~&---
~

............. ----

SEC. 13. The President, the Vice-President, the Members of

the Cabinet, and their depu ties 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 he financially interested in any
contract with, or in any franchise, or special privilege granted
by the Government or any subdivision, agency, or instrumental
ity thereof, including government owned or controlled corpora
tions or their subsidiaries. They shall strictly avoid conflict of
inte rest in the conduct of their office.
The spouse and relatives by oonsanguini ty or affinity within
the fourth civil degree of the Preside:!\! shall not during his

as

tenu"'relieappointed
Members of the-Constitutional Commis
sions, 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.
Disabilities of President, Vice-President, Members
of Cabinet, and their deputies and assistants.

(1)-PLohibW.on.s. durin.g..J..b.e.i.r . t.eau.ra. -During t heir tenure, the President

and Vice-President, as well as Members of the Cabinet and their
deputies and assistants are subject t.o prohibitions, namely:

fl> They shall not hold, unless otherwise provided in the Constitution
(see Sec. 3; Art. VIII, Sec. 8fll; Art. IX, B-Sec. 7, par. 2; Art. XII,
Sec. 9, par. 1.), any other office or employment;
'
'b) They shall not practice any other profession;
~) 1'hey shall not participate, directly or indirectly, in any business;
{d) They shall not be financially interested, directly or indirectly,

in any contract with, or in any franchise (see Art. XII, Sec. 11.) or
special privilege granted by t he government or any subdivision, agency
or instrumentality thereof including any government-owned or -controlled
corporation or their subsidiaries; and
(~.) They shall strictly avoid conflict of interest (between personal
or family interest and public interest) in the conduct of their offi.c.insure that the otlicials m~ntion~d (the
President particularly) will devote
their full time and at.tention to their official duties, prevent them from
extending special favors to th(ir own private business which come~ under
their official jurisdiction, and assure the public that they will be faithful
and dedicated in the perfl)rroance of t.heir function s. 1
(3j O~her o!J'i~_iql,s s_~f!.}f.i..l2_s_imil.C!l:J!.!'Phibj_J..~Q..7'}_. - Similar restrictions
apply to the Members of Congress iArt. VI, Sees. 13 , 14.) and of the
Constitutional Commi~si o n s (Art. IX, A-Sec. 2.), and th~ Tanodbayan and
his Deputies. (Art. XI, Sec. 8.) They seek to stress the principle that public
office is a publie truflt. <Ibid., Sec. l.J
Bu.l.e_on nepotiSQl
In addition to the above disabilities, the President is prohibited during
his tenure from appointing his spouse and relatives by consanguinity or
affinity within the fourth dvil degree fe.g., up to first cousin, grand nephew
and grand niece) to any of the positions mentioned. (Sec. 13, par. 2.)
The Constitution seeks Lc> s t op the practice i.n t he past when the President
appointed his wife, children and many of their close relatives to high
positions in the government.