COMELEC Resolution No. 3401




Republic of the Philippines COMMISSION ON ELECTIONS Manila RESOLUTION NO. 3401 ENFORCEMENT OF THE PROHIBITION AGAINST APPOINMENT OR HIRING OF NEW EMPLOYEES; CREATION OR FILING UP OF NEW POSITIONS, GIVING SALARY INCREASES; TRANSFERRING/DETAILING CIVIL SERVICE EMPLOYEES; AND SUSPENSION OF ELECTIVE LOCAL OFFICIALS IN CONNECTION WITH THE MAY 14, 2001 ELECTIONS. WHEREAS, Section 261 of the Omnibus Election Code of the Philippines provides: "xxx – The following shall be guilty of an election offense: xxx xxx xxx "(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 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 employee, 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 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 Increases 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 employee in the civil service including public school teachers, within the election period except upon approval of the Commission. (Underlining supplied). "(x) Suspension of elective provincial, city municipal or barangay officer – The provisions of law to the contrary not-with-standing 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." WHEREAS, to enforce effectively the foregoing provisions, there is 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 to promulgate, as it hereby promulgates the following rules to implement the provision of Section 261, subsections (g), (h) and (x) of the Omnibus Election Code: SECTION 1. Prohibited Acts – (a) During the election period from January 02, 2001 until June 13, 2001, no public official shall make or cause any transfer/detail whatsoever or 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 March 30, 2001 until May 14, 2001, no head, official or appointing officer of any national or local government office, agency or instrumentally, [including government owned or controlled corporation shall: (1) appoint or hire any new employee, whether permanent, provisional, temporary or casual; or (2) create and fill any new positions, except upon prior authority of the Commission. (c) During the same period of 45 days before May 14, 2001, 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; (1) Requests for authority to make or cause any transfer or detail of any officer or employee in the civil service for national positions and those of deputized agencies particularly Department of Education, Culture and Sports (DECS) and Department of Finance (DOF) for the positions of provincial/city/municipal treasurers shall be filed with the Law Department. For all other positions, requests shall be submitted to and approved by the Regional Election Director concerned. The 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. (2) The approving authority shall not grant the request unless it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, that the filling up of such position shall not in any manner influence the elections. SECTION 3. Urgent need to appoint new employees. – Where there is urgent need to appoint or hire new employees, the same may be allowed with out 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 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 increases 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 (CSC); including all its field offices, is hereby enjoined not to approve the appointment of new employees from March 30 to May 14, 2001 where no prior written approval of the Commission is presented by the appointing authority of a government or agency. 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 be used in violation of Section 1 hereof. All field offices of the CSC, including or its deputized agencies and citizens arms, are directed to submit immediately to the Commission a written report on any violation of said provisions of the Omnibus Election Code. SECTION 6. Penalty -- Any violation of the provisions 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, and shall furnish copies thereof to all Departments, Constitutional Commissions, Offices, Provincial Governors, City and Municipal Mayors and government agencies including government-owned and controlled corporations, and all field offices of the Commission. Promulgated, 15 December 2000 (Sgd) HARRIET O. DEMETRIOU, Chairman (Sgd) JULIO F. DESAMITO, Commissioner (Sgd) TERESITA DY-LIACCO FLORES, Commissioner (Sgd) LUZVIMINDA G. TANCANGCO, Commissioner (Sgd) RALPH C.LANTION, Commissioner (Sgd) RUFINO S. B. JAVIER, Commissioner (Sgd) MEHOL K. SADAIN, Commissioner The Lawphil Project - Arellano Law Foundation