Promulgation: 26 September 2017
IN THE MATTER OF THE ENFORCEMENT OF THE PROHIBITION AGAINST
APPOINTMENT OR HIRING OF NEW EMPLOYEES; CREATION OR FILLING UP OF NEW
POSITIONS; GIVING SALARY INCREASES; TRANSFER OR DETAIL OF CIVIL SERVICE EMPLOYEES;
AND SUSPENSION OF ELECTIVE LOCAL OFFICIALS IN CONNECTION WITH THE OCTOBER 23,
2017 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN (SK) ELECTIONS
The Commission on Elections, pursuant to the powers vested
in it by the Constitution, the Omnibus Election Code, and other election laws,
RESOLVES, as it hereby RESOLVED to promulgate, the following rules to implement
the provision of Section 261 subsections (h) and (x) of the Omnibus Election
Code, and Section 5 of Republic Act No. 10923:
GENERAL PROVISIONS AND DEFINITIONS OF TERMS
SECTION 1. Prohibited Acts. - (a) Section 261 of the Omnibus
Election Code of the Philippines provides:
SEC. 261. Prohibited Acts - The following shall be guilty of
an election offense:
XXX
XXX XXX
(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 prior approval of the Commission.
XXX
XXX XXX
(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.
(b) Section 5 of Repubic Act No. 10923, amending Section 261
subsection (g) of the Omnibus Election Code insofar as Barangay and Sangguniang
Kabataan Elections are concerned, provides:
Section 5. Prohibition on Appointments of Government
Officials and Employees - The appointment or hiring of new employees, creation
of new position, promotion, or giving of salary increases, remuneration or
privileges in the barangay shall be prohibited for a period of ten (10) days
immediately preceding the election, the provisions of Section 261, paragraph
(g) of the Omnibus Election Code to the contrary notwithstanding.
SECTION 2. Definition of Terms. - As used in this
Resolution:
Appointment is the selection, by the authority vested with
the power, of an individual who is to exercise the functions of a given office.
When completed, usually with its confirmation, the appointment results in
security of tenure for the person chosen unless he is replaceable at pleasure
because of the nature of his office.
Designation connotes merely the imposition by law of
additional duties of an incumbent official. It is considered only an acting or
temporary appointment, which does not confer security of tenure on the person
named.
Detail is the movement of an employee from one department or
agency which is temporary in nature, which does not involve a reduction in
rank, status or salary and does not require the issuance of another
appointment. It shall be allowed only for a limited period in the case of
employees occupying professional, technical and scientific position.
Giving of remuneration or privilege shall include giving of
bonuses, other than the mandated 13th month pay and cash gift for government
employees, incentives, Representation and Transportation Allowance (RATA) or
other form of allowances regularly received, on top of their usual benefits and
privileges.
Increase of salary shall include adjustments in salaries as
a result of increase in pay levels or upgrading of positions which do not
involve a change in qualification requirements and do not require the issuance
of a new appointment.
Promotion is the advancement of an employee from one
position to another with an increase in duties and responsibilities as
authorized by law, and usually accompanied by an increase in salary. Promotion
may be from one department or agency to another or from one organizational unit
to another in the same agency.
Reassignment is the movement of an employee from one
organizational unit to another in the same department or agency which does not
involve a reduction in rank, status or salary and does not require the issuance
of an appointment.
Suspension is the temporary forced removal from the exercise
of the office. It shall include both suspension as a penalty and preventive
suspension.
Transfer is a movement from one position to another which is
of equivalent rank, level or salary without break in service involving the
issuance of an appointment. The transfer may be from one department or agency
to another or from one organizational unit to another in the same department or
agency.
RULE II
APPOINTMENT OF NEW EMPLOYEES, CREATION OF NEW POSITION,
PROMOTION, OR GIVING SALARY INCREASES
SECTION 3. Total Ban on Appointment, Hiring of New
Employees, Creation of New Position, Promotion or Giving of Salary Increases,
Remuneration or Privileges in the Barangay. - From October 12, 2017, Thursday
until October 22, 2017, Sunday the appointment or hiring of new employees,
creation of new position, promotion or giving of salary increases, remuneration
or privileges in the barangay shall be strictly prohibited.
No request for authority for said prohibited actions shall
be acted upon.
SECTION 4. Designation not included. The appointment
referred herein shall not include designation as defined in Section 2 (b), Rule
II hereof. Thus, designation of an incumbent official or employee in a
committee or office which involves merely the imposition of additional duties
is not included in the prohibition.
SECTION 5. Injunction. - The Civil Service Commission (CSC),
including all its field offices is hereby enjoined not to approve the
appointment of new employees within the ten-day period of prohibition.
The Department of Budget and Management (DBM) and the
Commission on Audit (COA), including all their field 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 prohibition.
All field offices of the CSC are directed to submit
immediately to the Commission through the Law Department a written report on
any violation of said provision of the law.
RULE III
TRANSFER OF OFFICERS AND EMPLOYEES IN THE CIVIL SERVICE
SECTION 6. Prohibited Act and Period of Prohibition. - From
October 01, 2017, Sunday to October 30, 2017, Monday, no public official
official shall, except upon prior written authority of the Commission, make or
cause any transfer or detail whatsoever of any officer or employee in the civil
service, including public school teachers.
The phrase "transfer or detail" shall be construed
in general terms. Any movement of personnel from one station to another,
whether or not in the same office or agency, during the election is covered by
the prohibition.
Transfer incidental to promotion, as well as that incidental
to appointment, is within the purview of the prohibition against transfers
during the election period.
SECTION 7. Request for Authority of the Commission on
Transfer or Detail; Where and How to File. - Requests for authority to make or
cause any transfer or detail shall be:
a. in writing;
b. indicating the (1) office and place to which the officer or
employee is proposed to be transferred or detailed or otherwise moved;
c. stating the reasons therefor;
d. in two (2) original copies; and
e. accompanied with the soft copy of the request in MS WORD
format and saved in USB or CD form.
SECTION 8. Filing of Requests with the Law Department. -
Requests for authority to make or cause any transfer or detail of any officer
or employee in the civil service shall be filed with the Law Department, when:
a. The official station is in the central/main offices of
national agencies and government-owned or controlled corporations;
b. The requests for transfer or detail involve Provincial,
City/Municipal Treasurers and Schools Division Superintendents and Assistant
Superintendents;
c. The transfer or detail is inter-regional.
SECTION 9. Filing of Requests with the Office of the
Regional Election Director. - Requests for authority to make or cause any
transfer or detail of any officer or employee in the civil service shall be
filed with the Office of the Regional Election Director where the employee/s
sought to be transferred or detailed is stationed, when:
a. It involves government officers or employees with official
stations in the field offices including the National Capital Region;
b. All other officers and employees not indicated in Section 3
Rule III hereof.
A sample copy of the application for request for exemption
from the ban on transfer is hereto attached as Annex "A".
SUSPENSION OF ELECTIVE PROVINCIAL, CITY, MUNICIPAL OR
BARANGAY OFFICER
SECTION 10. Prohibited Acts. - From October 01, 2017, Sunday
to October 30, 2017, Monday, the provisions of law to the contrary
notwithstanding, no public official shall, except upon prior written approval
of the Commission, suspend any elective provincial, city, municipal or barangay
officer.
No prior approval is required if the suspension will be for
purposes of applying the Anti-Graft and Corrupt Practices Act in relation to
the suspension and removal of elective officials.
SECTION 11. Request for Authority of the Commission to
Suspend any Elective Provincial, City, Municipal or Barangay Officer, unless
Suspension will be for Purposes of Applying the Anti-Graft and Corrupt
Practices Act: Where and How to file. - Requests for authority to suspend an
elective provincial, city, municipal or barangay officer shall be submitted to
the Law Department of the Commission, supported by:
a. a certified true copy of the formal complaint executed under
oath and containing the specific charges or in the absence thereof, a
Certification from the requesting agency or local government unit stating that
the agency or local government unit that promulgated the decision or resolution
did not furnish them a copy of the said formal complaint; and
b. a certified true copy of the Decision or Resolution
suspending the concerned elective local official.
A sample copy of the application for request for exemption
from the ban on suspension is hereto attached as Annex "B".
SECTION 12. When Request for Authority is Not Necessary. -
Request for authority to suspend elective local officials shall not be
necessary:
a. if the offense involved is punishable under the Anti-Graft
and Corrupt Practices Act; and
b. those that were already implemented before the start of the
election period but is continuously served during or even after the expiration
of the election period.
SECTION 13. Effect of the Onset of the Election Period. -
The onset of the election period will not have the effect of lifting any
suspension that is already being served.
RULE V
AUTHORITY OF THE CHAIRMAN TO APPROVE/DISAPPROVE REQUESTS AND
THE PROCEDURE ON THE REQUEST
SECTION 14. Authority of the Chairman to Approve/Disapprove
Recommendations from the Law Department. - The Chairman of the Commission is
authorized to approve/disapprove recommendations of the Law Department on
requests for exemption from the coverage of the ban involved in this
Resolution.
SECTION 15. Requests for Authority Submitted to the Law
Department. - The Law Department shall prepare its recommendation on all
requests received by it and submit to the Chairman for approval or disapproval.
SECTION 16. Requests for Authority Submitted to the Office
of the Regional Election Director. - The Offices of the Regional Election
Director shall approve or disapprove all requests received by them and submit a
report containing a list of all the requests acted upon to the Law Department,
at the end of every week, by the fastest available means of communication. It
may be sent in PDF format via electronic mail to comelec.law@gmail.com.
A sample copy of the Regional Report is hereto attached as
Annex "C".
SECTION 17. Report of the Law Department on All Actions on
Requests for Exemption to the Commission En Banc. - At the end of the election
period, the Law Department shall make a Report of all the actions taken on the
requests for exemption from the coverage of the ban involved in this
Resolution, including actions of the Offices of the Regional Election Director.
All actions of the Chairman and of the Regional Election
Directors granting the requests for exemptions from the coverage of the ban
herein involved shall remain valid and effective, unless otherwise reversed or
set aside by the Commission.
RULE VI
GRANT OF CONTINUING AUTHORITY
SECTION 18. Grant of Continuing Authority. -The grant of
continuing authority to transfer its personnel during the election period may
be granted to government agencies, upon the submission to the Law Department of
a written request justifying the reasons therefor.
SECTION 19. Continuing Authority to Transfer Government
Employees Granted to Certain Government Agencies. -For purposes of the October
23, 2017 Barangay and SK Elections, the Commission hereby grants continuing
authority to the following government agencies to transfer or detail their
officers or employees from October 01, 2017 to October 30, 2017 in view of the
nature of their functions:
A. The President of the Philippines
B. Supreme Court of the Philippines, Court of Appeals,
Sandiganbayan, Court of Tax Appeals and the lower courts, including the Senate
and Presidential Electoral Tribunal
SECTION 20. Conditions for the Grant of Continuing
Authority. - The grant of continuing authority to government agencies to
transfer officers or employees during the election period shall, however, be
subject to the following conditions:
a. that it is essential to the proper functioning of the office
and shall not in any manner influence the conduct of the October 23, 2017
Synchronized Barangay and SK Elections;
b. that this authorization shall be prospective in application
and without prejudice to the applicable Civil Service Law, rules and
regulations on personnel actions/movements; and
c. that they shall notify the Commission, in writing, within
three (3) days from date of transfer/detail, through the Law Department,
stating therein:
i. The office and place where the officer or employee came from
and the office/place to which said officer or employee is transferred, detailed
or otherwise moved;
ii. Justifications or reasons for said transfer or designation;
and
iii. All necessary data or information regarding the same.
RULE VII
AUTHORITY OF THE COMMISSION ON ELECTIONS TO TRANSFER OR
REASSIGN ITS PERSONNEL
SECTION 21. Basis of Authority. - There is an essential need
to assign, reassign or transfer personnel of the Commission on Elections in
order that it can effectively and efficiently carry out its constitutional
mandate to conduct free, orderly, honest, peaceful and credible elections.
SECTION 22. Exemption. - The Commission on Elections is
hereby exempted from the prohibition to transfer or assign or reassign its
personnel from October 01, 2017 to October 30, 2017.
RULE VIII
COMMON PROVISIONS
SECTION 23. Effectivity. - This resolution shall take effect
on the seventh day after its publication in two (2) daily newspapers of general
circulation in the Philippines.
SECTION 24. Dissemination. - The Education and Information
Department shall cause the publication of this resolution in two (2) daily
newspapers of general circulation, give this resolution the widest
dissemination and furnish copies thereof to all concerned.
SO ORDERED.
No comments:
Post a Comment