Resolution No. 9409
ENFORCEMENT OF THE PROHIBITION AGAINST APPOINTMENT OR HIRING OF NEW EMPLOYEES; CREATION OR FILLING UP OF NEW POSITIONS; GIVING SALARY INCREASES; TRANSFERRING/ DETAILING OF CIVIL SERVICE EMPLOYEES; AND SUSPENSION OF ELECTIVE LOCAL OFFICIALS IN CONNECTION WITH THE MAY 12, 2012 SPECIAL BARANGAY AND SANGGUNIANG KABATAAN (SK) ELECTIONS IN BARANGAY LIPAT-ON, CALATRAVA, NEGROS OCCIDENTAL, BARANGAYS BIALAAN AND PATONG, BAYANG, LANAO DEL SUR AND BARANGAY TULAY, MADAMBA, LANAO DEL SUR.
Promulgation: 18 April 2012
"Sec. 261. Prohibited acts. -“ The following shall be guilty of an election offense:
"(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.
"(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. (Underlining supplied)
"(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."
WHEREAS, to enforce effectively the foregoing provisions, there is a need to promulgate the necessary rules for the guidance of all concerned;
NOW, THEREFORE, the Commission on Elections (Commission), pursuant to the powers vested in it by the Constitution, the Omnibus Election Code and other election laws, has RESOLVED, as it hereby RESOLVES to promulgate the following rules to implement the provisions of Section 261, subsections (g), (h) and (x) of the Omnibus Election Code in connection with the conduct of the special barangay and SK elections in Barangay Lipat-on, Calatrava, Negros Occidental, Barangays Bialaan and Patong, Bayang, Lanao del Sur, and Barangay Tulay, Madamba, Lanao del Sur:
SEC. 1. Prohibited acts. -“
(A) During the election period from May 7, 2012 to May 17, 2012, no public official shall, except upon prior written approval of the Commission:
1. Make or cause any transfer or detail whatsoever of any officer or employee in the civil service, including public school teachers.
"Transfer" as used in this provision shall be construed as any personnel movement from one government agency to another or from one department, division, geographical unit or subdivision of a government agency to another with or without the issuance of an appointment.
2. Suspend any elective provincial, city, municipal or barangay official, unless the suspension will be for purposes of applying the "Anti-Graft and Corrupt Practices Act" in relation to the suspension and removal of elective official.
(B) Beginning May 7, 2012 to May 11, 2012:
- No head, official or appointing officer of any national or local government office, agency or instrumentality,
including government-owned or controlled corporations, shall, except upon prior authority of the Commission:
- Appoint or hire any new employee, whether permanent, provisional, temporary or casual; or
- Create and fill any new position.
- 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.
SEC. 2. Requests for authority of the Commission; How to file. - (a) The request for authority to make or cause any transfer or detail shall be in writing indicating the (1) office and place to which the officer or employee is proposed to be transferred/detailed or otherwise moved; and (2) stating the reasons therefor:
b. Said request shall be filed with:
- 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:
- It involves Regional Directors, Assistant Regional Directors or positions of similar rank, Philippine National Police
Provincial/District Directors or Commanders, Officers of Armed Forces of the Philippines with the rank of major or
equivalent rank, and/or holding positions of battalion commanders or higher, Provincial Treasurers and School Division
Superintendents whose official stations are within Calatrava, Negros Occidental, Bayang, Lanao del Sur and Madamba,
Lanao del Sur; and
- The transfer or detail is inter-regional.
- It involves Regional Directors, Assistant Regional Directors or positions of similar rank, Philippine National Police
- With the Regional Election Director concerned -“
Requests for transfer or detail involving City/Municipal Treasurers and Assistant Superintendents whose official stations are within the municipalities where the special barangay and SK elections shall be conducted including government employees with official stations in the field offices within said territory shall be filed with the concerned Office of the Regional Election Director.
SEC. 3. Request for authority of the Commission to appoint or hire new employees; Where and How to file. -“ Request for authority to appoint or hire new employees shall be in writing stating all the necessary data and reasons for the same. Said request shall be filed with the concerned Regional Election Director.
SEC. 4. Request for authority of the Commission to create and fill new positions: Where and How to file. -“ The request for authority to create and fill new positions shall be submitted in writing to the Law Department of the Commission.The Commission shall not grant the authority 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 any manner that may influence the result of the elections.
SEC. 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. Request 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 copy of a formal complaint executed under oath and containing the specific charges therefore.
SEC. 6. Procedure on the requests for authority of the Commission. - The Law Department shall submit all requests received by it, together with its recommendation, to the Commission for approval or disapproval.
The Regional Election Director concerned shall approve or disapprove all requests received by him and submit a report on the requests acted upon by him to the Law Department, within seventy-two (72) hours from his action thereon, by the fastest means of communication.
SEC. 7. When request for authority is not necessary. -“ Renewal of appointments of temporary, casual, substitute and contractual personnel are not covered by this prohibition and will no longer need prior authority of the Commission.
However, the appointing authority shall furnish the Commission, through the Office of the Regional Election Director concerned, a complete list of employees whose appointments were renewed, indicating their position, item number, salary grade and station.
SEC. 8. Urgent need to appoint new employees. -“ Where there is an urgent need to appoint or hire new employees and such employee has already been appointed or hired without prior authority of the Commission, the requesting office/agency shall, within three (3) days from the date of the appointment or hiring, notify in writing, the Commission, through its Law Department, stating therein (1) the exact date when the position sought to be filled became vacant, (2) the cause of vacancy, (3) the reason/s for said appointment or hiring, and, (4) all the necessary data or information regarding the same.
The appointment or hiring of new employees shall be valid, unless the same is found by the Commission: (1) to have been made to influence in any manner the results of the election; (2) to have been issued without the required notice; or (3) that there is no urgent need for the appointment.
The need to fill up a vacant position by a new employee may be considered "œurgent" if the position to be filled is essential to the proper functioning of the office or agency concerned and that the same has been vacated either by death, retirement, resignation, promotion or transfer of the regular incumbent; provided, That the appointment is issued within sixty (60) days from occurrence of the vacancy, and that the same cannot be filled by promotion or transfer of insiders within the same period; and provided further, that the position shall not be filled in any manner that may influence the election.
Appointment to a position which has been vacant for more than sixty (60) days shall not be considered urgent and must, therefore, require prior written authority from the Commission or the Regional Election Director concerned.
SEC. 9. Total ban on promotion, salary increases, granting privileges. -“ Promotion, or giving any increase of salary, remuneration, or privilege to any government official or employee including those in government-owned or controlled corporations, is strictly prohibited.
"Promotion" as used in this provision shall mean 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 increase in salary. Promotion may be from one department or agency to another or from one organizational unit to another within the same department or agency.
SEC. 10. Injunction. -“ The Civil Service Commission (CSC), including all its field offices, is hereby enjoined not to approve the appointment of new employees where no prior written approval of the Commission or of the concerned Regional Election Director is presented by the appointing authority concerned or proof that the required notice within the 3-day reglementary period as provided in Section 8 hereof has been complied with.
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 or indirectly be used in violation of the foregoing prohibitions.
The abovementioned offices are directed to submit immediately to the Commission a written report on any violation of the said provisions of the Omnibus Election Code.
SEC. 11. Penalty. -“ Any violation of the provision 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.
SEC. 12. Effectivity. -“ This Resolution shall take effect immediately after its publication in two (2) daily newspapers of general circulation in the Philippines.
SEC. 13. Dissemination. -“ The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines, and shall furnish copies thereof to all Departments in the National Government, Constitutional Commissions, Offices, Provincial Governor and Municipal Mayors concerned and government agencies including government-owned or controlled corporations, and all concerned field offices.
|(Sgd.) SIXTO S. BRILLANTES, JR.
|(Sgd.) RENE V. SARMIENTO
|(Sgd.) LUCENITO N. TAGLE
|(Sgd.) ARMANDO C. VELASCO
|(Sgd.) ELIAS R. YUSOPH
|(Sgd.) CHRISTIAN ROBERT S. LIM
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