Joint COMELEC-CSC Advisory on Electioneering & Partisan Political Activities

May 6, 2016

OCA CIRCULAR NO. 107-2016

 

Appended herein as Annex "A", for the information, guidance and strict compliance of all justices, judges, officials and personnel of the Judiciary, is Resolution No. 1600298 dated 29 March 2016 of the Civil Service Commission (CSC) adopting the Commission on Elections (COMELEC) and CSC Joint Circular No. 001, Series of 2016 dated 29 March 2016 (Re: Joint COMELEC-CSC Advisory on Electioneering & Partisan Political Activities).

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator

ATTACHMENT

March 29, 2016

CSC RESOLUTION NO. 1600298

RE: ADVISORY ON ELECTIONEERING AND PARTISAN POLITICAL ACTIVITY

WHEREAS, the 1987 Philippine Constitution mandates that "no officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political activity";

WHEREAS, this constitutional injunction against electioneering and conduct of partisan political activity by civil servants is implemented by Executive Order No. 292 (or the Administrative Code of 1987), particularly Section 55, Chapter 7, Title I, Book V thereof, which provides: TIADCc

"Section 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 any officer or employee 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."

WHEREAS, the same prohibition is found in Republic Act No. 7160 or the Local Government Code of 1991. Similarly, the Omnibus Election Code, as amended, echoes the ban against any electioneering and partisan political activity of government officials and employees, and considers the commission thereof as an election offense punishable by law;

WHEREAS, this prohibitory norm aims (1) to ensure that civil servants shall remain focused on the efficient administration of the affairs of the government; (2) to do away with the spoils system which is anathema to the meritocracy principle that is at the heart of the Philippine civil service system; and (3) to shield officers and employees from the vagaries of politics;

WHEREFORE, due to numerous inquiries about the governing rules and regulations concerning the ban on electioneering and partisan political activity in the wake of the forthcoming electoral exercise, and in keeping with the constitutional mandate to ensure a civil service insulated from political partisanship, the Civil Service Commission hereby resolves to adopt the attached "Joint COMELEC-CSC Advisory on Electioneering and Partisan Political Activity."

The Commission further resolves to cause the publication of said Joint Circular in a newspaper of general circulation to ensure its broadest dissemination.

Quezon City. AIDSTE

(SGD.) ALICIA DELA ROSA-BALAChairperson

(SGD.) ROBERT S. MARTINEZCommissioner

(SGD.) NIEVES L. OSORIOCommissioner

Attested by:

Signed by representativeDOLORES B. BONIFACIODirector IV

 

Joint COMELEC-CSC Circular No. 001-16

 

Published in The Philippine Star on March 29, 2016 and March 30, 2016.