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Unformatted text preview: rohibitions attached to a legislator during his term? A: 1. Incompatible office – “No senator or member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government owned and controlled corporations or their subsidiaries during his term without forfeiting his seat” (Sec. 13, Article VI, 1987 Constitution) Note: Forfeiture of the seat in Congress shall be automatic upon the member’s assumption of such other office deemed incompatible with his seat in Congress. However, no forfeiture shall take place if the member of Congress holds the other ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 25 UST GOLDEN NOTES 2011 government office in an ex‐officio capacity. 2. Forbidden office – Neither shall a senator or a member of the House of Representatives be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. (Sec. 13, Art. VI, 1987 Constitution) Note: With this, even if the member of the Congress is willing to forfeit his seat therein, he may not be appointed to any office in the government that has been created or the emoluments thereof have been increased during his term. Such a position is forbidden office. The purpose is to prevent trafficking in public office. The provision does not apply to elective offices. The appointment of the member of the Congress to the forbidden office is not allowed only during the term for which he was elected, when such office was created or its emoluments were increased. After such term, and even if the legislator is re‐
elected, the disqualification no longer applies and he may therefore be appointed to th...
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