MANILA, Philippines (UPDATED) – President-elect Rodrigo Duterte has started forming his Cabinet that will help him steer the country for the next 6 years.

Among them are incumbent lawmakers like reelected Las Piñas Representative Mark Villar who was offered the public works portfolio, and Duterte’s running mate, Senator Alan Peter Cayetano, who would have to wait a year before he can accept the post of either foreign affairs or justice secretary.

But before they can formally become Cabinet members, they would have to give up their seat in Congress, in accordance with the Constitution.

According to Section 13, Article VI of the Constitution, 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 or controlled corporations or their subsidiaries, during his term without forfeiting his seat.”

It is also reiterated in Section 3, Chapter 2, Book II of the Administrative Code of 1987.

To fill up the vacancy that an elected legislator’s resignation will cause, Section 9, Article VI of the Constitution says that a special election may be held in a manner prescribed by law. 

The winner of that special poll, however, will serve only the unexpired term of his or her predecessor. 

Villar had said that he would have to assume the post of congressman before getting officially appointed to the DPWH. 

The appointments of legislators to the Cabinet had happened in the administration of outgoing President Benigno Aquino III, as well as in previous presidencies. Here are some of the appointees:

Benigno Aquino III

• Samar 1st District Representative Mel Senen Sarmiento – appointed interior secretary in September 2015
• Cavite 1st District Representative Joseph Emilio Abaya – appointed transportation and communications secretary in October 2012

Gloria Macapagal-Arroyo

• Albay 3rd District Representative Joey Salceda – appointed presidential chief of staff in February 2007
• Tarlac 3rd District Representative Jesli Lapus – appointed education secretary in July 2006
• Camarines Sur 1st District Representative Ronaldo Andaya Jr – appointed budget secretary in February 2006
• Antipolo City 1st District Representative Ronaldo Puno Jr – appointed interior secretary in February 2006
• Cebu 5th District Representative Joseph “Ace” Durano – appointed tourism secretary in August 2004
• Senator Blas Ople – appointed foreign affairs secretary in July 2002

Fidel Ramos

• Surigao del Norte 2nd District Representative Robert Z. Barbers – appointed interior secretary in April 1996
• Senator Teofisto Guingona Jr – appointed executive secretary in July 1993

Corazon Aquino

• Pangasinan 1st District Representative Oscar Orbos – appointed transportation and communications secretary in January 1990
• Batanes Representative Florencio Abad – appointed agrarian reform secretary in December 1989
• Senator Raul Manglapus – appointed foreign affairs secretary in October 1987

All of them were deemed resigned upon their assumption of office in the Cabinet and other agencies. The lawmaker may also formally resign beforehand, as was the case of Senator Manglapus. – Rappler.com