Republic of the Philippines COMMISSION ON ELECTIONS Manila

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I N THE MATTER OF ENFORCING THE PROHIBITIONS AGAINST APPOINTMENT OR H I R I N G OF NEW EMPLOYEES, CREATING OR F I L L I N G OF NEW POSITIONS, G I V I N G ANY SALARY INCREASE OR TRANSFERRING OR DETAILING ANY OFFICER OR EMPLOYEE I N THE C I V I L SERVICE AND SUSPENSION OF ELECTIVE LOCAL OFFICIALS, I N CONNECTION W I T H THE MAY 13, 2013 AUTOMATED SYNCHRONIZED NATIONAL, LOCAL AND ARMM REGIONAL ELECTIONS.

Brillantes, Sixto Jr., S., Sarmiento, Rene V., ,Tagle, Lucenito N., Velasco, Armando C., Yusoph, Elias R., Lim, Christian Robert S., Padaca, Maria Gracia Cielo, M.

Ch 'rman Com issioner corn ~ssioner ~o%sioner Corn Co issioner issioner

=OQiSsioner

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Promulgated : December 18, 2012

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RESOLUTION NO
WHEREAS, the Omnibus Election Code of the Philippines provides:

"SEC. 261. Prohibited Acts guilty o f an election offense:

XXX
XXX

The following shall be

XXX

' ) Appointment of new employees, creation of new 9 position, promotion, or aivina salary increases - Durinq the period of forty five (45) davs before resular election and thirtv davs before a s ~ e c i a l election, (1) any head, official or appointing officer o f 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, o r creates and fills any new positions, except upon prior authority o f the Commission. The Commission shall not grant the authority sought unless, it is satisfied that the position t o be filled is essential t o 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 e x c e ~ t i o n t o the foregoing provisions, a new employee may be appointed in case of urgent need: Provided, however, That notice of the appointment shall be given-he Commission within three ( 3 ) davs 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, o r gives any increase o f salary o r remuneration o r privilege t o any government official o r employee, including those i n governmentowned o r controlled corporations.

"(h) Transfer of officers and emuloyees in the civil service public official who makes o r causes any transfer or detail whatever o f any officer o r employee in t h e civil service including public school teachers, within the election ueriod except upon approval o f t h e Commission. (Underlining supplied)

- Any

XXX

XXX

XXX

"(x) Sus~ension elective ~rovincial,city, m u n i c i ~ a l of or baranaav officer - The provisions o f law t o the contrary notwithstanding during t h e electioh period, any public official who suspends, without prior approval of t h e Commission, any elective provincial, city, municipal o r barangay officer, unless said suspension will be for purposes o f applying t h e Anti-Graft and Corrupt Practices Act in relation t o t h e suspension and removal o f elective officials; in which case t h e provision o f this section shall be inapplicable." WHEREAS, t o enforce effectively t h e foregoing provisions, there is a need t o promulgate t h e necessary rules for, the guidance o f all concerned:
I

NOW,

THEREFORE, t h e Commission on Elections,

pursuant t o the

powers vested in it b y t h e Constitution, t h e Omnibus Election Code, and other election laws, RESOLVES, as it hereby RESOLVED t o promulgate, t h e following rules t o implement t h e provision o f Section 261, subsections (g), (h) and (x) o f the Omnibus Election Code:
SECTION 1. Prohibited acts.

A. During the election period from January 13, 2013 to June 12,
2013, no public official shall, except upon prior written authority o f

the Commission:
1 Make o r cause any transfer o r detail whatsoever o f any officer o r .

employee in t h e civil service,

including public school teachers.

"Transfer" as used in this provision shall be construed as any

personnel movement from one government agency t o another o r f r o m one department, division, geographical u n i t o r subdivision o f a government agency t o another with o r without the issuance of an appointment. 2. Suspend any elective provincial, city, municipal o r barangay officer, unless t h e suspension will be for purposes o f applying the "AntiGraft and Corrupt Practices Act" i n relation t o the suspension and removal o f elective officials.

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8 . Beginning March 2 , 2013 until May 13, 2013 9

1 No head or appointing officer o f 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 o r remuneration or privilege t o any government official or employee, including those in governmentowned or controlled corporations.
SECTION 2. Request for authority 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 i n writing, indicating the (1) office and place t o which the officer or employee is proposed t o be transferred o r detailed or otherwise moved; and (2) stating the reasons therefor:

8. Said request shall be filed with:

1. The Law Department

make or cause any

Requests for authority t o

transfer or detail of any officer or employee i n the civil service shall be filed with the Law Department, when: a. The official station is in the central/main offices o f national agencies and government-owned or controlled corporations;

b. It involves Regional Directors, Assistant Regional

Directors o r positions ' o f similar rank, Philippine National Police Provincial/District Directors or Commanders, Officers of the Armed Forces of the Philippines with the rank of major or equLvalent rank, andjor holding . positions of battalion commanders or higher, Provincial Treasurers and Schools Division Superintendents, irrespective o f

"4.

their official stations and government employees with official stations i n t h e fleld offices including t h e National Capital Region; and c. The transfer o r detail is inter-regional.

1. With t h e Regional Election Director Requests for transfer or detail involving

City/Municipal Treasurers and Assistant Superintendents, irrespective o f their employees the official stations and government in the field offices Election with .official statio.ns offices of

including t h e National Capital Region shall b e filed with corresponding the Regional Directors where t h e employee/s sought t o b e transferred o r detailed is stationed.
SECTION 3. Request for authority of the Commission to appoint or

hire new employees; Where and wow to file.

A. Requests f o r authority t o appoint o r hire new' employees shall be

i n writing stating all t h e necessary data and reasons f o r t h e same.

B. Said request shall be filed with:

1. The Law Department Requests f o r authority t o appoint o r hire new employees i n t h e central o r main offices o f national government agencies and government-owned and controlled corporations.
2. The Regional Election Director -

Similar requests shall be submitted t o t h e O f i c e o f t h e Regional Election Director o f t h e region where t h e vacancy exists.
SECTION 4. Request for authority of the Commission to create and

fill new positions: Where and How to file. .

A. Requests for authority t o create and fill new positions shall be

submitted in writing t o t h e Law Department o f t h e Commission.
6. The Commission shall n o t grant t h e authority unless it is satisfied

t h a t t h e position t o b e filled is essential t o t h e proper functioning o f

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the office o r agency concerned and t h a t t h e filling up o f such position shall n o t i n any manner influence t h e results o f the elections.
SECTION 5. Request for authority of the Commission to suspend an elective provincial, city, municipal or barangay officer applying the Anti-Graft and Corrupt Practices Act: Where and How to file.

Requests

for authority t o suspend an elective provincial, city,

municipal o r barangay

officer shall be submitted t o t h e Law Department o f t h e Commission, supported by a copy o f a formal complaint executed under oath and containing the specific charges therefor.
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SECTION 6. Procedure on the requests for authority of the Commission.

A. The Law Department shall submit all requests received b y it,

together

with

its recommendation,

t o t h e Commission for

approval o r disapproval.

8. The Regional Election Director shall approve o r disapprove all

requests received b y h i m and submit a report on the requests acted upon b y h i m t o the Law ~ e ~ a k m e n within seventy-two t,
(72) hours from his action thereon, by t h e fastest means of

communication.

Provided that,

.all actions

of the

Regional

Election Directors granting t h e requests for exemptions f r o m t h e coverage o f t h e ban herein involved are subject t o review b y t h e Commission and shall remain valid and effective, unless otherwise rescinded o r nullified by the 'commission.
SECTON 7 When request for authority is not necessary. .

- Renewal

of appointments o f temporary, casual, substitute and contractual personnel are not covered b y this prohibition and will n o longer need prior authority o f the Commission. However, t h e appointing authority shall furnish the Commission, through its Regional Offices for field positions, and through t h e Law Department for main office positions, a complete
.

list of employees whose

appointments were

renewed, indicating their position, item number, salary grade and station.
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SECTION 8. Urgent need to appoint new employees.

- Where there
the

is urgent need t o appoint o r hire new employees and such employee has already been appointed o r hired without prior authority o f t h e Commission, requesting office/agency shall notify t h e Commission i n writing, within three'(3)

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days from t h e date o f t h e appointment o r hiring, stating therein t h e (1) exact date when t h e position sought t o be filled became vacant, (2) t h e cause of vacancy,
(3)

t h e reason/s for said appointment o r hiring and (4) all the

necessary data o r information regarding t h e same. Notification shall be made through the respective offices of t h e Regional Election Directors in case of field positions, o r through the Law Department in case of central or main office positions. The appointment o r hiring.'of new employees shall be valid, unless the same is found b y t h e Commission: (1) t a have been made t o influence in any manner the results o f the election; (2) t o have been issued without t h e required notice; o r (3) t h a t there is no urgent need for t h e appointment. The need t o fill u p a vacant position b y a new employee may be considered "urgent"

if t h e position t o be filled is essential t o t h e proper

resignation, promotion o r transfer o f the

functioning o f t h e office o r agency concerned and t h a t t h e same has been vacated either b y death, retirement,, regular incumbent; provided, t h a t the appointment is issued within sixty (60) days from occurrence o f t h e vacancy, and t h a t t h e same cannot be filled by promotion o r transfer o f insiders within t h e same period; and provided further, t h a t the position shall n o t be filled election. Appointment t o a position which has been vacant for more than sixty (60) days shall n o t be considered urgent and must, therefore, require prior written authority from t h e Commission o r the Regional Election Directors concerned.
SECTION 9. Total ban on promotion, salary increases, grant of

in any .manner t h a t may influence the

privileges.

Promotion o r increase o f salary,

giving of remuneration o r

privilege t o any government official o r employee including those i n governmentowned and controlled corporations, shall be strictly prohibited.
"Promotion" as used i n this provision shall mean t h e advancement o f an

employee from

one position t o another with an

increase in duties and

responsibilities as authorized b y law, and usually accompanied b y increase i n salary. Promotion m a y be from. one department o r agency t o another o r from one organizational u n i t t o another within the same department agency.
SECTION 10. Injunction.

The, Civil Service Commission (CSC),

including all its field offices is hereby enjoined n o t t o approve the appointment of new employees where no prior written approval of t h e Commission o r its regional offices is presented b y the appointing authority concerned o r proof 'that

Reso 9581

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 or expenditures of public funds that may be directly used in violation of the foregoing prohibitions. All field offices of the CSC are directed t o ,submit immediately t o the Commission a written report on any violation of said provisions of the Omnibus Election Code.
SECTION 11. Penalty.

- Any violation of the provisions o f this Resolution

shall constitute an election offense and shall be punishable by imprisonment of not less than one (1) year b u t not more than six (6) years, among other penalties provided by law.
SECTION 12. Effectivity.

This resolution shall take effect on the

seventh day after its publication in' t w o i (2) daily newspapers of general circulation in the Philippines.
SECTION

13.

Dissemination.

The

Education

and

Information

Department shall cause the publication of this resolution in two (2) daily newspaper of general circulation, give this resolution the widest dissemination and furnish copies thereof t o all concerned.
SO ORDERED.

~ommiss'ioner
CC: Chalrman

Commissioner

All Comrntsslmers Executive Dlrector Deouw Executive Director for Operations Law Department Education and Informatton Department 12110112 law