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PGMA appointed Duque as Chairman of the CSC and pursuant to E.O. No.
864, Duque was designated as Ex-Officio member of the Board of
Trustees/Directors of the GSIS, PHIC, ECC, and HDMF. Funa challenged the
constitutionality of EO 864 and the designation of Duque as member of the
Board of Directors/Trustees for being clear violations of Sections 1 and 2,
Article IX-A of the 1987 Constitution.
Does the designation of Duque impair the independence of the CSC and
violate the constitutional prohibition against the holding of dual or multiple
offices for the Members of the Constitutional Commissions?
Apart from violating the prohibition against holding multiple offices, Duques
designation as member of the governing Boards of the GSIS, PHILHEALTH,
ECC and HDMF impairs the independence of the CSC. Under Section
17, Article VII of the Constitution, the President exercises control over all
government offices in the Executive Branch. An office that is legally not under
the control of the President is not part of the Executive Branch.