[ Memorandum Circular No. 508, October 5, 1971 ]
AMENDING MEMORANDUM CIRCULAR NO. 493, DATED AUGUST 13, 1971, ENTITLED “ENJOINING OBSERVANCE BY ALL CONCERNED OF CERTAIN PROHIBITED ACTS IN CONNECTION WITH THE COMING ELECTIONS”.
Memorandum Circular No. 493, dated August 13, 1971, is hereby amended to read as follows:
“For the information and guidance of all concerned, the following provisions of pertinent laws in connection with the forthcoming elections are hereby reproduced:
Civil Service Act of 1959 (R.A. 2260)
“Section 29. Political Activity. – Officers and employees in the civil service, whether in the competitive or classified, or non-competitive or unclassified service, shall not engage directly or indirectly in partisan political activities or take part in any election except to vote. 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.
Election Code of 1971 (R. A. 6388)
“Section 50. Prohibition against use of public funds, money deposited in trust, equipments, facilities, etc., owned and controlled by the government for election campaign. -The use under any guise whatsoever, directly or indirectly, or (a) public funds or money deposited with or held in trust by public financing institutions or by government offices, banks, or agencies; or (b) any printing press, radio or television station operated by the Government or by any government-owned or controlled corporations; or (c) any equipment, vehicles, facilities, apparatus and paraphernalia owned by any government bank, financial institution or by the Armed Forces of the Philippines for any election campaign or for the purpose of promoting or opposing any candidate for public office is hereby prohibited and constitutes a serious election offense.
“Section 57. Intervention of public officers and employees. – (a) It shall be unlawful for any head of any bureau or office, official or officer nominated r appointed in paragraph (c) hereof, head or appointing officer of any government-owned or controlled corporation, to intervene in the nomination or election of any candidate or in the filing of his certificate of candidacy, or give aid or support directly or indirectly, material or otherwise, in favor of or against his campaign for nomination or election.
“(b) No officer or employee in the Civil Service and no officer, member or employee of the Armed Forces of the Philippines or of any police force shall aid any candidate, exert influence in any manner in any election, or take part therein, except to vote if entitled thereto or to preserve public order, if he is a peace officer.
“(c) 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 for partisan purposes, influence or subject them to any of the acts involving subordinates prohibited in this Code.
“Section 58. Coercion over subordinates, prohibited. – (a) It shall be unlawful for any public officer, or officer of any commercial, industrial, agricultural, economic or social enterprise, private corporation or association, or for any employer, to coerce or intimidate or compel directly or indirectly, any of his subordinates or employees, to aid, campaign or vote for or against any candidate in any election, or any aspirant for the nomination or selection of official candidates in a political party convention.
“(b) It shall be unlawful for any public officer, officer of any commercial, industrial, agricultural, economic or social enterprise, private corporation or association, or any employer to dismiss or threaten to punish, by reducing his salary, wage or compensation, or by demotion, or causing him annoyance in the performance of his job or in his membership, any subordinate, employee, member or affiliate for disobeying or not complying with any of the acts ordered by the former.
“Section 62. Restrictions on wearing military uniforms and bearing arms. – (a) During the period beginning thirty days thereafter, it shall be unlawful for any member of the Armed Forces of the Philippines, including the Philippine Constabulary, special forces, home defense forces, barrio self defense units and all other paramilitary units that now exist or may hereafter be organized, to wear his uniform or bear arms outside the camp, garrison or barracks to which he is assigned or detailed (or outside their homes, in the case of members of home defense forces, barrio self-defense units and other paramilitary units), unless (1) the President of the Philippines shall have given previous authority therefor, or (2) the Commission authorizes him to do so, which authority it shall give only when necessary to assist it in maintaining free, orderly and honest elections, and only after notice and hearing. All personnel of the Armed Forces authorized by the President or the Commission to bear arms or wear their uniforms outside their camps and all police and peace officers shall bear their true name, rank and serial number, if any, stitched in block letter on a white background on the left breast of their uniform, in letters and numbers of a clearly legible design at least two centimeters tall.
“(b) It shall be unlawful for any member of the security or police organizations of government departments, commissions, councils, bureaus, offices, or government-owned or controlled corporations, or privately-owned or operated security, investigative, protective or intelligence agencies, to wear his uniform or make use of his insignias, decorations or regalia, or bear arms, except within the immediate vicinity of his department, commission, council, bureau, office, corporation or agency during the prohibited period as herein provided.
“This prohibition shall not apply when said member is in pursuit of a person who has committed or is committing a crime in the premises he is guarding; or when escorting or providing security for the transport of payrolls, deposits or other valuables; or when guarding the residence of private persons; or when guarding private buildings or offices: Provided, That in the last two cases, prior written approval of the Commission shall be obtained.
“(c) The Commission shall decide all applications for authority under this section within fifteen days from the date of the filing of such application.
“Section 63. Prohibition against the appointment of special policemen, special agents, confidential agents or the like. – During the period beginning ninety days before the election and ending thirty days thereafter, it shall be unlawful for any municipal mayor, city mayor or provincial governor to appoint or utilize the services of special policemen, special agents, confidential agents or persons performing similar functions. Similarly, during said period, it shall be unlawful for persons previously appointed as special policemen, special agents, confidential agents or persons performing similar functions to continue acting as such, and they shall turn over their firearms, uniforms, insignias and other badges of authority to the proper officer who issued the same.
“Not later than ninety days before an election, the municipal mayor, city mayor or provincial governor shall submit to the Commission on Elections a complete list of all special policemen, special agents, confidential agents or persons performing similar functions appointed by them whose appointments are in force, with such particulars as the Commission on Elections may require.
“Section 64. Prohibition against policemen and provincial guards to act as bodyguards or security guards. – During the period beginning ninety days before the election and ending thirty days thereafter, it shall be unlawful for any member of the city or municipal police force and any provincial or sub-provincial guard to act as bodyguard or security guard of any public official, candidate for any elective public office or position or any other person: Provided, That after due notice and hearing, when the life and security of a candidate is in jeopardy, the Commission is empowered to assign any member of the Philippine Constabulary or the local police force of the candidates’s choice to act as his bodyguard or security guard in a number to be determined by the Commission but not to exceed three per candidate for a local elective office, and five per candidate for a national elective office: Provided, however, That when the Commission may issue a temporary order allowing the assignment of any member of the Philippine Constabulary or the local police force to act as bodyguard or security guard to the candidate subject to confirmation or revocation, after notice and hearing.
“Section 65. Demobilization of reaction forces, strike forces, or other similar forces. – During the period beginning ninety days before the election and ending thirty days thereafter, it shall be unlawful to organize a reaction force, strike force or similar force existing prior to the aforementioned period shall be disbanded and demobilized during said period.
“All members of reaction forces, strike forces or similar forces belonging to a mother unit shall return to their respective mother units during the period of the demobilization or disbandment of said forces.
“The heads of all reaction forces, strike forces or similar forces shall, not later than ninety days before election, submit to the Commission a complete list of all members thereof with such particulars as the Commission may require.
“Section 70. Prohibition against placing the police force of any city, municipality or municipal district under the control of the Philippine Constabulary. – Within ninety days before any election, no police force of any city, municipality or municipal district shall be placed under the control of the Philippine Constabulary, or any of its units, or any of its officers.
“If the police force of a city, municipality or municipal district has been placed under such control before said period, the Commission may, upon verified petition and after due notice and hearing, lift said control in the interest of free, orderly and honest elections.
“Section 71. Prohibition against release, disbursement, or expenditure of public funds. – It shall be unlawful for any government official, including barrio officials, within forty-five days before the election to release, disburse or expend any funds for:
“(1) Any and all kinds of public works, except the following:
“(a) Maintenance of existing and/or completed public works projects: Provided, That not more than the average number of laborers or employees already employed therein during the six-month period immediately prior to the beginning of the forty-five day period before election day shall be permitted to work during such time: Provided, further, That no extra gang of laborers shall be employed for maintenance work within the said period of forty-five days;
“(b) Work undertaken by contract through public bidding held, or by negotiated contract awarded, before the forty-five day period before election: Provided, That work for the purpose of this section undertaken under the so-called ‘Takay’ or ‘Paquiao’ system shall not be considered as work by contract;
“(c) Payment for the usual cost of preparation of working drawings, specification, bills of materials, estimates, and other procedures preparatory to actual construction including the purchase of materials and equipment, and all incidental expenses for wages of watchmen and other laborers employed for such work in the central office and field storehouses before the beginning of such period: Provided, That the number of such laborers shall not be increased over the number hired when the project or projects were commenced; and
“(d) Emergency work necessitated by the occurrence of a public calamity, but such work shall be limited to the restoration of the damaged facility.1âшphi1
“No payment shall be made within five days before the date of election to laborers who have rendered services in projects or works except those falling under subparagraphs (a), (b), (c), and (d) of this section.
“This prohibition shall not apply to ongoing public works projects commenced before the campaign period of one hundred and twenty days prescribed under Section eighty-one of this Code. For purposes of this provision, it shall be the duty of the government officials or agencies concerned to report to the Commission the list of all on-going public works projects being undertaken by them.
“(2) The Department of Social Welfare and any other office in any other department of the Government performing functions similar to said department, except for salaries of personnel, and for such other routine and normal expenses, and for such other expenses as the Commission may authorize after due notice and hearing. Should a calamity or disaster occur, all releases normally or usually coursed through the said departments and offices shall be turned over to, and administered and disbursed by, the Philippine National Red Cross, subject to the supervision of the Auditor General or his representatives, and no candidate or his or her spouse or member of his or her family within the second degree of affinity or consanguinity shall participate, directly or indirectly, in the distribution of any relief or other goods to the victims of the calamity or disaster; and
“(3) The Presidential Arm on Community Development and any other office in any other department of the government, except for salaries of personnel and for such other necessary administrative or other expenses as the Commission may authorize after due notice and hearing.
“Section 73. Suspension of elective provincial, sub-provincial, city, municipal or municipal district, or barrio officers. – The provisions of Republic Act Numbered Five thousand one hundred and eighty-five, otherwise known as the “Decentralization Act of 1967”, and other laws to the contrary nowithstanding, one hundred twenty days before any regular election or ninety days before a special election and until the same is over, no elective provincial, sub-provincial, city, municipal, municipal district or barrio officer shall be suspended without the prior approval of the Commission. The application of the ‘Anti-Graft and Corrupt Practices Act’ in relation to the suspension and removal of elective officials shall not be affected by the provisions of this section, and their suspension or removal shall not require the approval of the Commission.
“Section 75. Prohibition against appointment of new employees, creation of new positions, or giving salary increases. – It shall be unlawful during the period of forty-days before a regular election and thirty days before a special election:
“(1) For any head, official, or appointing officer of a government office, agency or instrumentality, whether national or local, including corporations and enterprises owned or controlled by the Government, to appoint or hire any new employee, whether provisional, temporary, or casual, or to create and fill any new position, except upon prior authority of the Commission, after due notice and hearing.
“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) For any government official to give or promise to give any increase of salary or remuneration or privileges to any government official or employee, including these in government-owned or controlled corporations.7!ᕼdMᗄ7
“Section 76. Prohibition against transfer of officers and employees in the Civil Service, and Philippine Army, Philippine Constabulary, Philippine Air Force and Philippine Navy Unit Commanders. – It shall be unlawful for any public official to make or cause any transfer or detail whatever of any officer or employee in the civil service including public school teachers, or any army, constabulary, air force, or naval unit commander of the Armed Forces of the Philippines within ninety days before any election except with the approval of the Commission upon prior notice and hearing.
“Section 78. Prohibition against seeking election immediately upon termination of office. – No official of any executive department, bureau or office, or of any government-owned or controlled corporation, who is appointed by the President of the Philippines with the consent of the Commission on Appointments, shall run for any public elective office until after the lapse of at least one hundred fifty days if the position for which he is running is a national office, and one hundred and twenty days for any other elective office, after the termination of tenure of office, whether by resignation, retirement, expiration of tenure, removal or other similar causes. Any violation hereof shall, after due notice and hearing, invalidate his certificate of candidacy; and the Commission shall not give due course to said certificate of candidacy.”
Decentralization Act of 1967 (R.A. 5185)
“Within seven days after the charges are preferred, the President, Governor, or Mayor, as the case may be, or his duly authorized representative, as provided in the preceeding paragraph, shall notify the respondent of such charges. The President, Provincial Board and City or Municipal Council, as the case may be, shall hear and investigate the truth or falsity of the charges within ten days after receipt of such notice: Provided, That no investigation shall commence or continue within ninety days immediately prior to an election.
All heads of departments, bureaus and offices, agencies and instrumentalities of the Government, including government-owned or controlled corporations, as well as political subdivisions, are hereby enjoined to observe strictly the above provisions of laws.
