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The prohibition on dual employment and double compensation in the government

service is further specified under Sections 1 and 2, Rule XVIII of the Omnibus
Rules Implementing Book V of E.O. No. 292, viz:

Sec. 1. No appointive official shall hold any other office or employment in the
Government or any subdivision, agency or instrumentality thereof,
including government-owned or controlled corporations with original
charters or their subsidiaries, unless otherwise allowed by law or by
the primary functions of his position.

Sec. 2. No elective or appointive public officer or employee shall receive


additional, double, or indirect compensation, unless specifically
authorized by law, xxxxx.

Double compensation properly refers to two sets of compensation, from two different offices held
concurrently by one officer.

The prohibition against additional, double or indirect compensation has a legal purpose: to inform the
people of the exact amount a public functionary is receiving from the government so they can demand
commensurate services, and prevent the public functionary from dividing his time among the several
positions concurrently held by him and ineptly performing his duties in all of them because it cannot
devote to each the proper attention it deserves (Cruz, Philippine Political Law, 1995 Edition, page 304).

http://web.csc.gov.ph/phocadownload/userupload/itduser/res-001341.html.pdf

“Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public
officials and employees now prescribed in the Constitution and existing laws, the following shall
constitute prohibited acts and transactions of any public official and employee and are hereby
declared to be unlawful:

xxx

“(b) Outside employment and other activities related thereto. - Public officials and employees
during their incumbency shall not:
“(1) Own, control, manage or accept employment as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by
their office unless expressly allowed by law;
“(2) Engage in the private practice of their profession unless authorized by the Constitution or
law, provided, that such practice will not conflict or tend to conflict with their official functions;
or

“(3) Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office.
“These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2) above,
but the professional concerned cannot practice his profession in connection with any matter
before the office he used to be with, in which case the one-year prohibition shall likewise apply.”

Corollarily, Section 18, Rule XIII of the Revised Omnibus Rules on Appointments and Other
Personnel Actions states that:

“Sec. 18. Unless otherwise provided by law, no officer or employee shall engage directly or
indirectly in any private business or profession without a written permission from the head of
agency. Provided that this prohibition will be absolute in the case of those officers and
employees whose duties and responsibilities require that their entire time be at the disposal of
the government: Provided further, that if an employee is granted permission to engage in
outside activities, the time devoted outside of office hours should be fixed by the head of the
agency so that it will not impair in any way the efficiency of the officer or employee nor pose a
conflict or tend to conflict with the official functions.”

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