Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
THE MATTER OF ENFORCING PRESENT
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THE PROHIBITIONS AGAINST
APPOINTMENT OR HIRING OF MELO, Jose A. R. Chairman
NEW EMPLOYEES, CREATING OR SARMIENTO, Rene V. Commissione
FILLING OF NEW POSITIONS, FERRER, Nicodemo T. Commissione
G M N G ANY SALARY JNCREASE VELASCO, Armando C. Cornmissione
OR TRANSFERRING OR TAGLE, Lucenito N. Commissione
DETAILING ANY OFFICER OR YUSOPH, Elias R.
EMPLOYEE IN THE C M L I-ARRAZABAL, Gregorio Y. Commissioner
SERVICE AND SUSPENSION OF
ELECTIVE LOCAL OFFICIALS, IN
CONNECTION WITH THE MAY
10, 2010 NATIONAL AND
LOCAL ELECTIONS.
x--------------------------
WHEREAS, the Omnibus Election Code of the Philippines provides: - _ __--- -
- e C . 261. Prohibited Acts - The following shall be guilty of an
election offense:
XXX XXX XXX
"(g) Auvointment o f new emplovees, creation of new uosition.
promotion, or aivina salaw increases - During the ~ e r i o dof forty
five (45) davs before r e m a r election and thirty davs before a
svecial election, (1) any head, official or appointing officer of a
government office, agency or instrumentality, whether national or
local, including government-owned or controlled corporations,
who appoints or hires any new employee, whether provisional,
temporary or casual, or creates and fills any new positions, except
upon prior authority of the Commission. The Commission shall
not grant the authority sought unless, it is satisfied that the
position to be filled is essential to the proper functioning of the
office or agency concerned, and that the pos'ltion shall not be filled
in a manner that may influence the election.
"As an exception to the foregoing provisions, a new employee
may be appointed in case of urgent need: Provided, however, That
notice of the appointment shall be given to the Commission within
three (3) days from the date of the appointment. Any appointment
or hiring in violation of this provision shall be null and void.
"(2) Any government official who promotes, or gives any
increase of salary or remuneration or privilege to any government
official or employee, including those in government-owned or
controlled corporations
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"(h)Transfero f officers and emvlovees in the civil service - Any
public official who makes or causes any transfer or detail whatever
of any officer or employee in the civil service including public
school teachers, within the election period except upon approval of
the Commission. (Underlining supplied)
XXX XXX XXX
"(x) Susuension o f elective. uraincial. citv, mwniciual or
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baran~av officer The provisions of law to the contrary
notwithstanding during the election period, any public official who
suspends, without prior approval of the Commission, any elective
provincial, city, municipal or barangay officer, unless said
suspension will be for purposes of applying the Anti-Graft and'
Corrupt Practices Act in relation to the suspension and removal of
elective officials; in which case the provision of this section shall
be inapplicable."
WHEREAS,to enforce effectively the foregoing provisions, there is a need
to promulgate the necessary rules for the guidance of all concerned:
NOW, THEREFORE, the Commission on Elections, pursuant to the powers
vested in it by the Constitution, the Omnibus Election Code, and other
election laws, RESOLVES, as it hereby RESOLVED to promulgate, the
following rules to implement the provision of Section 261, subsections (g),
(h)and (x) of the Omnibus Election Code:
SECTION 1. Prohibited acts.
A. During the election period from January 10, 2010 to June 09, 2010,
no public official shall, except upon prior written authority of the
Commission:
1. Make or cause any transfer or detail whatsoever of any officer or
employee in the civil service, including public school teachers.
"Transfern as used in this provision shall be construed as any
personnel movement from one government agency to another or
from one department, division, geographical unit or subdivision
of a government agency to another with or without the issuance
of an appointment.
2. Suspend any elective provincial, city, municipal or barangay
officer, unless the suspension will be for purposes of applying,
the "Anti-Graft and Corrupt Practices Act" in relation to the
suspension and removal of elective officials.
1. No head or appointing officer of any national or local
government office, agency or instrumentality, including
government-owned or controlled corporations, shall, except upon
prior authority of the Commission:
a. Appoint or hire any ,new employee, whether permanent,
provisional, temporary, substitute or casual; or
b. Create and fill any new position.
2. No government official shall promote or give any increase of
salary or remuneration or privilege to any government official
or employee, including those in government-owned or
controlled corporations.
SECTION 2. Reauest for authoritv of the Commission on transfer or
detail; Where and How to file.
A. Requests for authority to make or cause any transfer or detail shall
be in writing, indicating the (1)office and place to which the officer
or employee is proposed to be transferred or detailed or otherwise
moved; and (2) stating the reasons therefor:
B. Said request shall be filed with:
1. The Law Department -
Requests for authority to make or cause any transfer or detail of
any officer or employee in the civil service shall be filed with the
Law Department, when:
a. The official station is in the central/main offices of national
agencies and government-owned or controlled corporation
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b. It involves Regional Directors, Assistant Regional Directors or
positions of similar rank, Philippine National Police
Provincial/District Directors or Commanders, Officers of the
Armed Forces of the Philippines with the rank of major or
equivalent rank, and/or holding positions of battalion
commanders or higher, Provincial Treasurers and Schools
Division Superintendents, irrespective of their official stations
and government employees with official stations in the field
offices including the National Capital Region; and
c. The transfer or detail is inter-regional.
2. With the Regional Election Director -
Requests for transfer or detail involving City/Municipal
Treasurers and Assistant Superintendents, irrespective of their
official stations and government employees with official stations
in the field offices including the National Capital Region shall be
filed with the corresponding offices of the Regional Election
Directors where the employee/s sought to be transferred or
detailed is stationed.
S E W O N 3. Reauest for authority of the Commission to amoint or hire
Where and How to file.
new em~lovees;
A. Requests for authority to appoint or hire new employees shall be in
writing stating all the necessary data and reasons for the same.
B. Said request shall be filed with:
1. The Law Department -
Requests for authority to appoint or hire new employees in the
central or main offices of national government agencies and
government-owned and controlled corporations
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2. With the Regional Election Director -
Similar requests shall be submitted to the Office of the Regional
Election Director of the region where the vacancy exists.
SECTION 4. Reauest for authoritv of the Commission to create and fill
new msitions: Where and How to file.
A. Requests for authority to create and fill new positions shall be
submitted in writing to the Law Department of the Commission.
B. The Commission shall not grant the authority unless it is satisfied
that the position to be filled is essential to the proper functioning of
the office or agency concerned and that the filling up of such
position shall not in any manner influence the results of the
elections.
SECTION 5. Reauest for authority of the Commission to susmnd an
elective ~rovincial,dtv, munid~alor barangav officer a ~ ~ l v i nthe
g
Anti-Graft and COITUD~Practices Act: Where and How to file.
Requests for authority to suspend an elective provincial, city, municipal
or barangay officer shall be submitted to the Law Department of the
Commission, supported by a copy of a formal complaint executed under
oath and containing the specific charges therefor.
S E W N 6. Procedure on the reauests for authority of the Commission.
A. The Law Department shall submit all requests received by it,
together with its recommendation, to the Commission for approval
or disapproval.
B. The Regional Election Director shall approve or disapprove all
requests received by him and submit a report on the requests acted
upon by him to the Law Department, within seventy-two (72) hours
from his action thereon, by the fastest means of communication.
Provided that, all actions of the Regional Election Directors granting
the requests for exemptions from the coverage of the ban herein
involved are subject to review by the Commission and shall rem
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valid and effective, unless otherwise rescinded or nullified by the
Commission.
S E m O N 7. When reauest for authoritv is not necessary.
Renewal of appointments of temporary, casual, substitute and contractual
personnel are not covered by this prohibition and will no longer need prior
authority of the Commission.
However, the appointing authority shall furnish the Commission, through
its Regional Offices for field positions, and through the Law Department
for main office positions, a complete list of employees whose
appointments were renewed, indicating their position, item number, salary
grade and station.
SECTION 8. Urgent need to a ~ m i nnew
t em~lovees.
Where there is urgent need to appoint or hire new employees and such
employee has already been appointed or hired without prior authority of
the Commission, the requesting office/agency shall notify the Commission
in writing, within three (3) days from the date of the appointment or
hiring, stating therein the (1) exact date when the position sought to be
filled became vacant, (2) the cause of vacancy, (3) the reason/s for said
appointment or hiring and (4) all the necessary data or information
regarding the same.
Notification shall be made through the respective offices of the Regional
Election Directors in case of field positions, or through the Law
Department in case of central or main office positions.
The appointment or hiring of new employees shall be valid, unless the
same is found by the Commission: (1)to have been made to influence in
any manner the results of the election; (2) to have been issued without the
required notice; or (3) that there is no urgent need for the appointment.
The need to fill up a vacant position by a new employee may be considered
"urgent" if the position to be filled is essential to the proper functioning of
the office or agency concerned and that the same has been vacated
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by death, retirement, resignation, promotion or transfer of the regular
incumbent; provided, that the appointment is issued within sixty (60) days
from occurrence of the vacancy, and that the same cannot be filled by
promotion or transfer of insiders within the same period; and provided
further, that the position shall not be filled in any manner that may
influence the election.
Appointment to a position which has been vacant for more than sixty (60)
days shall not be considered urgent and must, therefore, require prior
written authority from the Commission or the Regional Election Directors
concerned.
SEWON9.Total ban on ~romotion, salarv increases. mant of
privile~es.
Promotion or increase of salary, giving of remuneration or privilege to any
government official or employee including those in government-owned
and controlled corporations, shall be strictly prohibited.
"Promotion"as used in this provision shall mean the advancement of an
employee from one position to another with an increase in duties and
responsibilities as authorized by law, and usually accompanied by increase
in salary. Promotion may be from one department or agency to another or
from one organizational unit to another within the same department
agency.
SECTION 10. hiunction.
The Civil Service Commission (CSC), including all its field offices is hereby
enjoined not to approve the appointment of new employees where no
prior written approval of the Commission or its regional offices is
presented by the appointing authority concerned or proof that the
required notice within the 3-day reglementary period as provided in
Section 3 hereof has been complied with.
The Department of Budget and Management (DBM) and the Commission on
Audit (COA), including all their filed offices, shall not release or authorize
the release of any appropriation, or pass in audit, payments
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Reso. 8737
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expenditures of public funds that may be directly used in violation of the
foregoing prohibitions.
All field offices of the CSC are directed to submit immediately to the
Commission a written report on any violation of said provisions of the
Omnibus Election Code.
SECTION 11. Penaltv.
Any violation of the provisions of this Resoltuion shall constitute an
election offense and shall be punishable by imprisonment of not less than
one (1) year but not more than six (6) years, among other penalties
provided by law.
This resolution shall take effect on the seventh day after its publication in
two (2) daily newspapers of general circulation in the Philippines.
SECTION 13. Dissemination.
.The Education and Information Department shall cause the immediate
publication of this resolution in two (2) daily newspaper of general
circulation, give widest dissemination as possible, and furnish copies
thereof to all concerned.
SO ORDERED.
Codssioner
