As the election period begins, Civil Service Commission (CSC) Chairperson Alicia dela Rosa-Bala reminds government agencies nationwide to comply with the prohibition on the transfer or movement of officers and employees in the civil service from 13 January to 12 June 2019 as mandated by Commission on Elections (COMELEC) Resolution No. 10429 dated 1 October 2018.
As an election offense, Section 261 (h) of the Omnibus Election Code (BP Blg 881) provides that “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.”
Meanwhile, beginning 29 March until 12 May 2019, government agencies are prohibited from appointing or hiring new employees, creating new positions; promoting or giving of salary increases, remuneration or privileges.
Section 261 (g) of the Omnibus Election Code (BP Blg 881) states, “During the period of forty-five days before a regular 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 COMELEC. The COMELEC 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.”
Further, “as an exception, a new employee may be appointed in case of urgent need, provided that notice of the appointment is given to COMELEC within three days from the date of the appointment. Any appointment or hiring in violation shall be declared null and void.”
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 may be considered guilty of an election offense.
The CSC also reminds government agencies to observe Section 112 of the Omnibus Rules on Appointments and Other Human Resource Actions which prohibits all appointments after an election until 30 June by outgoing elective officials unless all the following requisites relative to their issuance are met:
- The appointee meets the approved minimum qualification standards or qualification standards required under special law, if any, for the position to which he/she was appointed;
- The appointee has undergone the Human Resource Merit Promotion and Selection Board (HRMPSB) screening prior to the election ban. In this case, the appointing officer/authority or agency shall submit the minutes of the HRMPSB meetings and the evaluation report of the applicants;
- There is an urgent need for the issuance of the appointment/s so as not to prejudice public service orendanger public safety; and
- Civil Service Law, rules and regulations and special laws, if any, on the issuance of appointments are followed.