Publishing Resolution No. RR-641 of the Commission on Elections dated August 5, 1969

August 22, 1969 REVENUE MEMORANDUM CIRCULAR NO. 19-69 SUBJECT : Publishing Resolution No. RR-641 of the Commission on Elections dated August 5, 1969 TO : All Internal Revenue Officers and Employees and Others Concerned For the information and guidance of the officers and employees of this Bureau, there is quoted hereunder Resolution No. RR-641 of the Commission on Elections, which is self-explanatory: "RESOLUTION NO. RR-641 PRESENT: "In the matter of enforcing the J. N. FERRER, CHAIRMAN provisions of Section 54 and C. MIRAFLOR MEMBER 55 of the Revised Election Code L. M. Patajo, MEMBER on prohibited partisan political activities by public officials PROMULGATED: and employees and solicitations of contributions from subordinates August 5, 1969 Item No. 47 "RESOLUTION "CONSIDERING that all public officials and employees are expressly prohibited by law from taking any active intervention in partisan political activities or from soliciting contributions from their subordinates, as provided for in the following provisions of the Revised Election Code, to wit: 'SEC. 54. Active intervention of public officers and employees . No justice, judge, fiscal, treasurer, or assessor of any province, no officer or employee of the Army, no member of the national, provincial, city, municipality, or rural police force, and no classified civil service officer or employee shall aid any candidate, or exert influence in any manner in any election or take part therein, except to vote, if entitled thereto, or to preserve public peace, if he is a peace officer." cdtech 'SEC. 55. Soliciting contributions from subordinates prohibited . Public officers and employees holding offices or not belonging to the classified civil service, though they may take part in political and electoral activities, shall refrain from soliciting contributions from their subordinates for partisan purposes.' "KNOWING that justices, judges, fiscals, treasurers, members of the armed or police forces, and classified civil service officers and employees, by virtue of their powers, duties and functions, are in a position to exert pressure and influence upon any and all persons, particularly those who have pending cases, transactions, or business with their respective chambers, salas, or offices; "REALIZING that all public officials in the classified civil service whether holding political positions or not, are likewise in such a superior position in relation to their subordinates whom they can easily pressure or influence to give aid to whether in cash or in kind, or support the candidates whom they favor or those their own choosing; "CONSCIOUS of the fact that the above-described practices have reportedly been prevalent during the past elections and that, aside from being violations of the law, the same undermine the concept of the freedom of suffrage which is the basic philosophy behind our election laws; "AND COGNIZANT of the fact that the above-described practices are likewise prohibited by no less than the fundamental law of the land, more specifically section 2 Article XII of the Constitution, and also by Section 29 of the Civil Service Law, otherwise known as R.A. No. 2260, and that the Commission on Elections is the body exclusively charged by the Constitution to enforce and administer all laws relative to the conduct of the elections; "BE IT THEREFORE RESOLVED, as it is hereby RESOLVED, that this Commission: "1. Immediately furnish the Commissioner of Civil Service with a copy of this resolution, with the request that the same be circularized to all public officials belonging to the classified civil service, whether holding political positions or not; "2. Immediately furnish all Department Heads of Chiefs of offices with a copy of this resolution, likewise with the request that the same be circularized to all public officials and employees under them for their guidance and strict compliance; "3. Invite the attention of all concerned that violations of the aforecited constitutional and legal provisions constitute an election offense and punishable under Section 183 of the Revised Election Code in relation to Section 185 thereof, that is, by imprisonment of not less than one year and one day but not more than five years, with disqualification to hold a public office and deprivation of the right to suffrage for not less than one year but not more than nine years. "The Law Department shall implement this Resolution and the Public Relations Office is hereby directed to give the same the widest publicity possible. "SO ORDERED. "(SGD.) JAIME N. FERRER "Chairman "(SGD.) CESAR MIRAFLOR "(SGD.) LINO M. PATAJO "Member "Member" (SGD.) MISAEL P. VERA Commissioner of Internal Revenue