[ Memorandum Order No. 420, March 11, 1992 ]
Appointment or hiring of new employees/creation and filling of new positions/promotions/giving salary increases or other privileges to government employees—
“(g) Appointment of new employees, creation of new position, promotion, or giving salary increases.—During the period of forty-five” days before a 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 position, 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.”
2. Releases/disbursement or expenditures of public funds—
“(v) Prohibition against release, disbursement or expenditure of public funds.—Any public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries, who, during forty-five days before a regular election and thirty days before a special election, releases, disburses or expends any public funds for:
(1) Any and all kinds of public works, except the following:
(a) Maintenance of existing and/or completed public works project: 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 additional 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 of the usual’ cost of preparation for working drawings, specifications,. 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.
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 paragraph.<ᇈWᑭHIL/p>
This prohibition shall not apply to ongoing public works projects commenced before the campaign period or similar projects under foreign agreements. 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 such projects being undertaken by them.
(2) The Department of Social Welfare and Development and any other office in other departments of the government performing functions I 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 normal or usually coursed through the said department and offices of other departments shall be turned over to, and administered and disbursed by, the Philippine National Red Cross, subject to the supervision of the Commission Audit or its representatives, and candidate or his or her spouse or member of his family within the second civil degree of affinity or consanguine shall participate, directly or indirectly in the distribution of any relief or other goods to the victims of the calamity or disaster; and
3. Construction of public works, issuance use/availment of treasury warranty of any similar devices—
“(w) Prohibition against construction of public works, delivery of materials for public works and issuance treasury warrants and similar devices.
—During the period of forty-five days preceding a regular election and thirty days before a special election, any person who (a) undertakes the construction of any public works, except for projects or works exempted in the preceding paragraph; or (b) issues uses or avails of treasury warrants or any device undertaking future delivery of money, goods or other things of value chargeable against public funds”.
This Memorandum Order shall take effect immediately.
DONE in the City of Manila, this 11th day of March, in the year of Our Lord, nineteen hundred and ninety-two.
