Civil Service Commission Memorandum Circular No. 30, s. 2009 Entitled "Reminder to All Government Officials and Employees Holding Non-Political Offices/Positions of the Prohibition from Engaging Directly or Indirectly in Any Partisan Political Activity" and Office Memorandum No. 63, s. 2009 "Performance of the Functions of the Chairman as Acting Chairman"

December 18, 2009 BLGF MEMORANDUM CIRCULAR NO. 029-09 TO : All BLGF Officials and Employees, Regional Directors for Local Government Finance, District Treasurers of Metropolitan Manila; Provincial, City and Municipal Treasurers and Others Concerned SUBJECT : Civil Service Commission Memorandum Circular No. 30, s. 2009 Entitled "Reminder to All Government Officials and Employees Holding Non-Political Offices/Positions of the Prohibition from Engaging Directly or Indirectly in Any Partisan Political Ativity" and Office Memorandum No. 63, s. 2009 "Performance of the Functions of the Chairman as Acting Chairman" For the information and guidance of all concerned, attached are copies of Civil Service Commission Memoranda, to wit: aEAIDH 1. CSC Memorandum Circular No. 30, s. 2009 Reminder to all Government Officials and Employees Holding Non-Political Offices/Positions of the Prohibition from Engaging Directly or Indirectly in Any Partisan Political Activity. 2. CSC Office Memorandum No. 63, s. 2009 Performance of the Functions of the Chairman as Acting Chairman. The Regional Directors of this Bureau are hereby instructed to disseminate the contents of this Circular to all Provincial, City and Municipal Treasurers within their respective jurisdiction, likewise enjoining them to observe and comply with the provisions thereof. Be guided accordingly. (SGD.) MA. PRESENTACION R. MONTESA Executive Director ATTACHMENT Republic of the Philippines Civil Service Commission Constitution Hills, Batasang Pambansa Complex, Diliman 1126 Quezon City OM No. 63, s. 2009 OFFICE MEMORANDUM TO: All CSC OFFICIALS AND EMPLOYEES RE: Performance of the Functions of the Chairman as Acting Chairman The ad-interim appointment of former Chairman Ricardo L. Saludo was disapproved by the Commission on Appointments (CA) on September 30, 2009. SDHTEC The second paragraph of Section 16, Article VII, Philippine Constitution explicitly provides that: "The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress." (Emphasis Supplied) Currently, there is no statutory law which provides the legal effects or provides a remedy in case of disapproval of an appointment by the CA. By jurisprudence, however, the Supreme Court En Banc in the case of Matibag vs. Benipayo, et al., G.R. No. 149036 dated April 2, 2002 explained as follows: "There is no dispute that an ad interim appointee disapproved by the Commission on Appointment can no longer be extended a new appointment. The disapproval is a final decision of the Commission on Appointments in the exercise of its checking power on the appointing authority of the President. The disapproval is a decision on the merits , being a refusal by the Commission on Appointment to give its consent after deliberating on the qualification of the appointee. Since the Constitution does not provide for any appeal from such decision, the disapproval is final and binding on the appointee as well as on the appointing power . In this instance, the President can no longer renew the appointment not because of the constitutional prohibition on reappointment, but because of a final decision by the Commission on Appointments to withhold its consent to the appointment." (Underscoring Supplied) On the other hand, Section 18, Chapter IV of the Rules of the Commission on Appointments (as of September 5, 2007) provides as follows: "SECTION 18. Reconsideration of Resolution of the Commission. Resolution of the Commission on any nomination or appointment may be reconsidered on written motion by any member who voted with the majority or the prevailing side presented to the Chairman not later than one (1) day after the approval of the resolution : Provided, that said motion for reconsideration be taken up on the next plenary session of the Commission. . . . . " (Underscoring Supplied) A letter was received by the CA Chair within one (1) day from the time that the matter of former Chairman Saludo's appointment was taken up on September 30, 2009. Said letter signifies that Congresswoman Aileen Ermita-Buhain is withdrawing her vote in favor of the rejection of former Chairman Saludo's appointment. The letter, according to the CA, did not ask for reconsideration, hence, there is no Motion for Reconsideration filed on time. SCIcTD Consequently, the ad-interim appointment of former Chairman Saludo, having been disapproved by the CA, is deemed ineffective or closed as of September 30, 2009. The provision contained in the last sentence of Sec. 15, Chapter 3, Book V, E.O. 292 applies, to wit: " In case of the absence of the Chairman owing to illness or other cause the senior member shall perform the functions of the Chairman. " (Emphasis Supplied) Hence, since there is absence of the Chairman owing to other legal cause (ineffectivity of the ad-interim appointment as a result of its disapproval by the CA), by statutory rule or by operation of law, the undersigned, being the senior member of the Commission, shall now perform the functions of the Chairman of the Civil Service Commission as Acting Chairman. (SGD.) CESAR D. BUENAFLOR Acting Chairman October 20, 2009 Republic of the Philippines Civil Service Commission Constitution Hills, Batasang Pambansa Complex, Diliman 1126 Quezon City CSC MC No. 30 s. 2009 MEMORANDUM CIRCULAR TO : All Heads of Departments, Bureaus, Offices and Agencies of the National and Local Governments, Including State Universities and Colleges and Government-Owned and Controlled Corporations with Original Charter SUBJECT : Reminder to All Government Officials and Employees Holding Non-Political Offices/Positions of the Prohibition from Engaging Directly or Indirectly in Any Partisan Political Activity As the election period is fast approaching, the Commission deems it necessary to remind all government officials/employees holding non-political offices/positions not to engage directly or indirectly in any 'partisan political activity'. Not too often, public officials/employees have been found guilty of engaging in partisan political activity during the election period and penalized with dismissal from the service with all accessory penalties. As held by the Supreme Court in the case of Farias vs. The Executive Secretary, 417 SCRA 503 (2003), "appointive officers and employees in the civil service, are strictly prohibited from engaging in any partisan political activity or take part in any election except to vote ". IESDCH Specifically, Section 46 (b), (26), Chapter 7 and Section 55, Chapter 8, Subtitle A, Title I, Book V of the Administrative Code of 1987 (Executive Order No. 292) provide, as follows: "SEC. 46. Discipline: General Provisions. (a) No Officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and due process. "(b) The following shall be grounds for disciplinary action: xxx xxx xxx "(26) Engaging directly or indirectly in partisan political activities by one holding a non-political office xxx xxx xxx "SEC. 55. Political Activity. No officer or employee in the Civil Service including members of the Armed Forces, shall engage directly or indirectly in any partisan political activity or take part in any election except to vote nor shall he use his official authority or influence to coerce the political activity of any other person or body . Nothing herein provided shall be understood to prevent officer or employee from expressing his views on current political problems or issues, or from expressing his views on current political problems or issues, or from mentioning the names of candidates for public office whom he supports: Provided, That public officers and employees holding political offices may take part in political and electoral activities but it shall be unlawful for them to solicit contributions from their subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code." (Underlining ours) Implementing the foregoing provisions, the Commission issued Section 52 (8), Rule IV of the Uniform Rules on Administrative Cases in the Civil Service (CSC Resolution No. 99-1936 dated August 31, 1999), as follows: "Section 52. Classification of Offenses. Administrative offenses with corresponding penalties are classified into grave, less grave or light, depending on their gravity or depravity and effects on the government service. "A. The following are grave offenses with their corresponding penalties: xxx xxx xxx "8. Engaging directly or indirectly in partisan political activities by one holding non-political office "1st offense Dismissal" For easy reference, the Commission has previously defined the meaning of the phrase 'partisan political activity' and enumerated the acts constituting the same in Section 8 (paragraph 3), Rule XIII of CSC Memorandum Circular No. 40, s. 1998 (Revised Omnibus Rules on Appointments and Other Personnel Actions), as follows: DCcHIS "The term election campaign and partisan political activity refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office which shall include: "a. Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate; "b. Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies, for the purpose of soliciting votes and/or undertaking for or against the election of any candidate for public office; "c. Making speeches, announcements or commentaries or holding interviews for or against the election of any candidate of any public office; "d. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or "e. Directly or indirectly soliciting votes, pledges or support for or against a candidate. "In addition, the following specific acts are likewise considered partisan political activities and are ground for disciplinary action: "i. Being a delegate to any political convention or member of any political committee or directorate or an officer of any political club or other similar political organizations. "ii. Making speeches or publications to draw political support in behalf of any particular party or candidate for public office. cITaCS "iii. Soliciting or receiving contribution for political purposes, either directly or indirectly. "iv. Becoming publicly identified with the success or failure of any candidate or candidates." For the information and strict compliance of all concerned. (SGD.) CESAR D. BUENAFLOR Acting Chairman October 23, 2009