• Funa claims that EO 864 and Section 14, Chapter 3, Title I-A, Book V of EO 292 violate the

prohibition imposed upon members of constitutional commissions from holding any other office or
employment. A conflict of interest may arise in the event that a Board decision of the GSIS, PHILHEALTH,
ECC and HDMF concerning personnel-related matters is elevated to the CSC considering that such GOCCs
have original charters, and their employees are governed by CSC laws, rules and regulations.

• Respondents submit that the prohibition against holding any other office or employment under
Section 2, Article IX-A of the 1987 Constitution does not cover positions held without additional
compensation in ex officio capacities.

o Relying on the pronouncement in Civil Liberties Union v. Executive Secretary, they assert that
since the 1987 Constitution, which provides a stricter prohibition against the holding of multiple offices
by executive officials, allows them to hold positions in ex officio capacities, the same rule is applicable to
members of the Constitutional Commissions. Moreover, the mandatory tenor of Section 14, Chapter 3,
Title I-A, Book V of EO 292 clearly indicates that the CSC Chairman’s membership in the governing bodies
mentioned therein merely imposes additional duties and functions as an incident and necessary
consequence of his appointment as CSC Chairman.