Directing Unequivocal Compliance With Section 5(4), Article Xvi, of the 1987 Constitution Providing That "No Member of the Armed Forces in the Active Service Shall, At Any Time, Be Appointed Or Designated in Any Capacity To A Civilian Position in the Government Including Government-Owned Or Controlled Corporations Or Any of Their Subsidiaries"
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Directing Unequivocal Compliance With Section 5(4), Article Xvi, of the 1987 Constitution Providing That "No Member of the Armed Forces in the Active Service Shall, At Any Time, Be Appointed Or Designated in Any Capacity To A Civilian Position in the Government Including Government-Owned Or Controlled Corporations Or Any of Their Subsidiaries"
Executive Order No. 371
September 28, 1989
Case Overview and Summary
Unequivocal Compliance with Constitutional Prohibition on Appointment of Active Military Personnel to Civilian Positions- All government agencies, including government-owned or controlled corporations, must comply with Section 5(4), Article XVI of the 1987 Constitution, which prohibits the appointment or designation of active military personnel to civilian positions in the government. [Section 1]
- Executive Order No. 41 (1966), which governs the detail or assignment of military personnel to civilian offices, is reiterated, provided that such detail/assignment does not circumvent the constitutional prohibition on appointment/designation. [Section 2]
- A civilian position is defined as: [Section 3]
a) A plantilla item where the Civil Service Commission has prescribed qualifications and eligibilities for appointment.
b) A Career Executive Service (CES) position where the position and compensation are prescribed by law and regulations.
c) A non-plantilla or non-CES position where the job does not require military training, experience, or expertise, or the functions are obviously civilian in nature.
- The Executive Order takes effect immediately. [Section 4]
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military personnel
civilian positions
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constitutional prohibition
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Law
Directing Unequivocal Compliance With Section 5(4), Article Xvi, of the 1987 Constitution Providing That "No Member of the Armed Forces in the Active Service Shall, At Any Time, Be Appointed Or Designated in Any Capacity To A Civilian Position in the Government Including Government-Owned Or Controlled Corporations Or Any of Their Subsidiaries"
Executive Order No. 371
•September 28, 1989
EXECUTIVE ORDER NO. 371 September 28, 1989
DIRECTING UNEQUIVOCAL COMPLIANCE WITH SECTION 5(4), ARTICLE XVI, OF THE 1987 CONSTITUTION PROVIDING THAT "NO MEMBER OF THE ARMED FORCES IN THE ACTIVE SERVICE SHALL, AT ANY TIME, BE APPOINTED OR DESIGNATED IN ANY CAPACITY TO A CIVILIAN POSITION IN THE GOVERNMENT INCLUDING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS OR ANY OF THEIR SUBSIDIARIES"
I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
1. All departments, bureaus, offices, agencies and instrumentalities of the Government, including government-owned or controlled corporations or any of their subsidiaries, shall comply unequivocably with Section 5(4), Article XVI, of the 1987 Constitution providing that "No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government including government-owned or controlled corporations or any of their subsidiaries."
2. Executive Order No. 41, dated September 2, 1966, "Promulgating Rules And Regulations Governing The Detail of Assignment Of Military Personnel to...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Executive Orders
military personnel
civilian positions
government agencies
government-owned corporations
controlled corporations
constitutional prohibition
appointment
designation
active service
plantilla item
Civil Service Commission
qualifications
eligibilities
Career Executive Service
compensation
non-plantilla
military training
military experience
military expertise
civilian functions
EXECUTIVE ORDER NO. 371 September 28, 1989
DIRECTING UNEQUIVOCAL COMPLIANCE WITH SECTION 5(4), ARTICLE XVI, OF THE 1987 CONSTITUTION PROVIDING THAT "NO MEMBER OF THE ARMED FORCES IN THE ACTIVE SERVICE SHALL, AT ANY TIME, BE APPOINTED OR DESIGNATED IN ANY CAPACITY TO A CIVILIAN POSITION IN THE GOVERNMENT INCLUDING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS OR ANY OF THEIR SUBSIDIARIES"
I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
1. All departments, bureaus, offices, agencies and instrumentalities of the Government, including government-owned or controlled corporations or any of their subsidiaries, shall comply unequivocably with Section 5(4), Article XVI, of the 1987 Constitution providing that "No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government including government-owned or controlled corporations or any of their subsidiaries."
2. Executive Order No. 41, dated September 2, 1966, "Promulgating Rules And Regulations Governing The Detail of Assignment Of Military Personnel to...
Login to see full content