Post election prohibitions

BEHIND THE SCENES
Alfred P. Dizon

Government officials and employees are reminded of prohibitions in the Civil Service Commission omnibus rules on appointments and other personnel actions:

An employee who files a certificate of candidacy, even if later on disqualified or has withdrawn, is still considered resigned. An employee who resigned from the government service during the three month period before any election to promote the candidacy of another shall not be reemployed during the six-month period following such election.

Appointing officials in government entities are reminded of the rules on appointments issued by outgoing elective and appointive Officials (CSC MC 9, s. 2003 as amended by CSC MC 16, s. 200).

All appointments issued after elections up to June 30 by outgoing elective appointing officials shall be disapproved. All appointments issued after a presidential election up to June 30 by an appointive appointing official whose term of office depends upon the pleasure of the President shall be disapproved.

If, in the exigency of the service, the appointing authority opts to issue temporary, casual and/or contractual appointments after the elections until June 30, prior authority must be obtained from the concerned CSC regional office, otherwise such appointments will be disapproved.

Such authority will be granted on the basis of validated need to fill up the positions immediately in order not to prejudice public service and/or endanger public safety. In case of casual and contractual appointments, preference should be given to qualified eligibles.

Commission on Elections Resolution 8737 also states that during the election period from January 10, 2010 to June 9, 2010, no public 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.

“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.
No public official shall also suspend any elective provincial, city, municipal or barangay officer, 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 officials.