Prohibited Activities in Connection with the Barangay and SK Elections

September 22, 2010

COMELEC RESOLUTION NO. 9040

ENFORCEMENT OF THE PROHIBITION AGAINST APPOINTMENT OR HIRING OF NEW EMPLOYEES; CREATION OR FILLING UP OF NEW POSITIONS; GIVING SALARY INCREASES; TRANSFERRING/DETAILING OF CIVIL SERVICE EMPLOYEES; AND SUSPENSION OF ELECTIVE LOCAL OFFICIALS IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS

WHEREAS, Sec. 261 (g), (h) and (x) of the Omnibus Election Code of the Philippines provides: ScCEIA

"Sec. 261. Prohibited acts. — The following shall be guilty of an election offense:

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"(g) Appointment of new employees, creation of new position, promotion or giving salary increases — During the period of forty five (45) days before regular election and thirty (30) days before a special 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 employees, 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 position 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 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.

"(h) Transfer of officers and employees 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. (Emphasis supplied)

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"(x) Suspension of elective provincial, city, municipal or barangay 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." ECDHIc

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, has RESOLVED, as it hereby RESOLVES, to promulgate the following rules to implement the provisions of Section 261, subsections (g), (h) and (x) of the Omnibus Election Code:

SECTION 1. Prohibited Acts. — (a) During the election period from September 25, 2010 until November 10, 2010, no public official shall make or cause any transfer/detail whatsoever of any officer or employee in the civil service, including public school teachers, or suspend elective provincial, city, municipal or barangay official, except upon prior written approval of the Commission.

(b)Beginning September 25, 2010 until October 25, 2010, no head, official 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:

(1) Appoint or hire any new employee, whether permanent, provisional, temporary or casual; or

(2) Create and fill any new position.

(c) Beginning September 25, 2010 until October 25, 2010, 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. Requests for Authority of the Commission; How to File. — (a) The request for authority to make or cause any transfer or detail of any officer or employee in the civil service shall be in writing to be filed and approved as follows:

(1) For transfer or detail within the same region, the request shall be submitted to and approved by Regional Election Director regardless whether the position is national or local.

(2) For transfer or detail from one region to another, the request shall be filed with the Law Department of the Commission and approved by the Chairman of the Commission.

All requests shall indicate the office and place to which the officer or employee is proposed to be transferred/detailed or otherwise moved and the reason for said transfer/detail. The authorization shall specify the name of the person to be transferred/detailed/moved and the office/position or place where he will be transferred/detailed or moved.

(b) Any request for authority to suspend an elective provincial, city, municipal or barangay officer shall be in writing, to be filed, together with the formal complaint containing the specific charges, executed under oath and the answer to the complaint, if any, with the Law Department of the Commission and approved by the Commission En banc.

(c) Any request for authority to appoint or hire new employees, or to create and fill new positions shall be in writing, to be filed and approved as follows:

1. For vacancies or positions in offices in the regions, with the Office of the Regional Election Director of the region where the vacancy exists;

2. For vacancies or positions in the central or main offices of national government agencies and government-owned or controlled corporations, with the Commission through its Law Department.

The request shall state the name of the person to be appointed, the position to be filled-up and the reasons for the same. The authorization shall specify the name of the person to be appointed and the position to be filled-up.

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 position shall not be filled in any manner that may influence the result of the election.

Renewal of appointments of temporary, casual, substitute and contractual personnel are not covered by this prohibition and therefore will no longer need prior authority from 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.

SECTION 3. Urgent Need to Appoint New Employees. — Where there is urgent need to appoint or hire new employees, the same may be allowed without the need for a prior request for authority from the Commission provided that within three (3) days from the date of the appointment or hiring, the Commission, through its Law Department, shall be notified in writing, stating therein the reason/s for said appointment or hiring and all the necessary data or information regarding the same. Failure to give notice as herein required shall render the appointment null and void.

SECTION 4. Total Ban on Promotion, Salary Increases, Granting Privileges. — Promotion, or giving any increase of salary, remuneration, or privilege to any government official or employee including those in government-owned or controlled corporations, is strictly prohibited without exception whatsoever.

SECTION 5. Injunction. — The Civil Service Commission, including all its field offices, is hereby enjoined not to approve the appointment of new employees from September 25, 2010 to October 25, 2010 where no prior written approval of the Commission is presented by the appointing authority of a government or agency. ISTDAH

The Department of Budget and Management and the Commission on Audit, including all their field offices, shall not release or authorize the release of any appropriation, or pass in audit the payments or expenditures of public funds that may be directly or indirectly be used in violation of Sec. 1 hereof.

The abovementioned offices are directed to submit immediately to the Commission a written report on any violation of the said provisions of the Omnibus Election Code.

SECTION 6. Penalty. — Any violation of the provision of this Resolution 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.

SECTION 7. Effectivity. — This Resolution shall take effect on the seventh day after its publication in two (2) newspapers of general circulation.

SECTION 8. Dissemination. — The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines, and shall furnish copies thereof to all Departments in the National Government, Constitutional Commissions, Offices, Provincial Governors, City and Municipal Mayors and government agencies including government-owned or controlled corporations, and all field offices of the Commission.

SO ORDERED.

(SGD.) JOSE A.R. MELOChairman

(SGD.) RENE V. SARMIENTOCommissioner

(SGD.) NICODEMO T. FERRERCommissioner

(SGD.) LUCENITO N. TAGLECommissioner

(SGD.) ARMANDO C. VELASCOCommissioner

(SGD.) ELIAS R. YUSOPHCommissioner

on official businessGREGORIO Y. LARRAZABALCommissioner