Republic of the Philippines

Department of Education

REGIONAL OFFICE NO. VIII (EASTERN VISAYAS) 

SCHOOLS DIVISION OF CATBALOGAN CITY

2nd Fir. Laohoo Bldg., Del Rosario St. Catbalogan City

December 3, 2018

DIVISION MEMORANDUM No. 436, s. 2018

DISSEMINATION ON THE PROHIBITION ON ELECTIONEERING AND PARTISAN POLITICAL ACTIVITY

TO:     ALL DIVISION OFFICE PERSONNEL

FIELD PUBLIC SCHOOL DISTRICT SUPERVISORS ELEMENTARY/SECONDARY SCHOOL HEADS
TEACHING AND NON-TEACHING PERSONNEL

In connection with the above-captioned matter, enclosed hereto is a Regional Numbered Memorandum 2018-462, RE: Prohibition on Electioneering and Partisan Political Activity, contents of which is self-explanatory.

For information, dissemination and strict compliance.

CAMELINO P. BERNADAS Ph D., CESO VI
           OlC-Schools Division Superintendent


Republic of the Philippines

department of education

REGIONAL OFFICE NO. VIII (EASTERN VISAYAS)
      Government Center, Candahug, Palo, Leyte

ISO 9001:2015 CERTIFIED

MEMORANDUM

NM-2018-4 6 2

TO:           SCHOOLS DIVISION SUPERINTENDENTS

ALL OTHERS CONCERNED

..-

FROM:           RAMIR B. UYTICO, Ed.D.. CESOIV

OIC-Regional Director

SUBJECT:        PROHIBITION ON ELECTIONEERING AND PARTISAN POLITICAL

ACTIVITY

DATE              November 27, 2018

1.         Attached is DepEd Order No. 048, s. 2018 dated 13 November 2018 entitled “Prohibition on Electioneering and Partisan Political Activity.”

2.         Immediate dissemination of and strict compliance with the provisions of the DepEd Order are directed.

LEAD, EMPOWER, AND ACHIEVE THROUGH DATA-DRIVEN DECISIONS

…where LEADers create great schools

LEAD)

(053) 323-3156/(053) 832-4631 region8@deped.gov.ph/personnel.region8@deped.gov.ph | AD-PS-EDR

Republic of the Philippines

Department of Education

13 NOV 2018

DepEd Order No. 048 s. 2018

PROHIBITION ON ELECTIONEERING AND PARTISAN POLITICAL ACTIVITY

To:             Undersecretaries

Assistant Secretaries
Regional Secretary, ARMM Bureau and Service Directors Regional Directors

Schools Division Superintendents

Public Elementary and Secondary School Heads All Others Concerned

Department of education

Region VIII, Eastern Visayas

1.              The Department of Education (DepEd) issues a reminder to all its officials, teaching and nonteaching personnel on the constitutional prohibition against electioneering and conduct of partisan political activity. Article IX-B, Section 2(b), paragraph 4 of the 1987 Constitution states that no oficer of employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.

2.         The Omnibus Election Code, as amended, prohibits government officials and employees rom engaging in any electioneering and partisan political activity and considers the commission thereof as an election offense punishable by law. The same prohibition is found in Book V, Title I, Chapter 7, Section 55 of the Executive Order No. 292, or the Administrative Code of 1987.

3.          An advisory on Electioneering and Partisan Political Activity issued through Civil Service Commission (CSC) Resolution No. 1600298 dated March 29, 2016

reiterates that the prohibition aims to ensure that government workers will remain focused on the affairs of the government, to do away with the spoils system, and to shield public servants rom the vagaries of politics. Enclosed is a copy of the said CSC Resolution.

4.          In accordance with existing rules and regulations promulgated by the CSC, the Commission on Elections (COMELEC), and jurisprudence, the following are regarded as partisan political activities, which refer to acts designed to promote the election or defeat of a particular candidate or party to public office:

a. Forming organizations, associations, clubs, committees, or other groups of
      persons for the purpose of soliciting votes and/or undertaking any campaign
      for or against a candidate/party;

b. Holding political caucuses, conferences, meetings, rallies, parades, or other
       similar assemblies for the purpose of soliciting votes and/or undertaking
       any campaign for or against a candidate/party;

c. Making speeches, announcements, or commentaries, or holding interviews
      for or against the election of any candidate or party for public office;

 

1i

d. Publishing, displaying, or distributing campaign literature, or materials
      designed to support or oppose the election of any candidate or partly;

e. Directly or indirectly soliciting votes, pledges, or support for or against a
       candidate or party;

f. Being a delegate to any political convention, or a member of any political
      committee or directorate, or an officer of any political club or other similar
      political organizations;

g. Receiving any contributions for political purposes, either directly or

indirectly;

h. Becoming publicly identified with the success or failure of any candidate/s
       or party/ies;

i.   Wearing of t-shirts or pins, caps or any other similar election paraphernalia
       bearing the names of the candidates or political party except as authorized
       by the Commission on Elections;

j.   Being a watcher for a political party or candidate during the election;

k. Consistent presence in political rallies, caucuses of, and continuous
      companionship with certain political candidates and/or political party in
      said political activities, causing the employee to be closely identified with
      such candidate and/or political party;

1.   Giving personal, financial or other monetary contributions,  supplies,

equipment and materials for the benefit of a candidate and/or political

party,

m. Utilizing government resources such as personnel, including job order or
      contract of service hirees, ime, and properties for politiical purposes;

n. Distibuing handbills/lealets;

o. Attendance at poliical meeings and caucuses; and

p. Distribuion of letters indicating intenion to run for public ofice.

5.         All DepEd officials (including third level officials), teaching and nonteaching personnel, are prohibited rom engaging in any electioneering or partisan poliical activity, subject to the exclusion under paragraphs 12 and 14 of the attachment to the enclosed CSC Resolution.

6.         DepEd oicials are prohibited rom using their position of authority to influence teaching and/or nonteaching personnel under their supervision or jurisdicion to support any preferred candidate or poliical party,

7.         Any of the abovemenioned prohibited act/s committed by DepEd oicial/personnel shall be dealt with in accordance with the DepEd Order No. 49, s. of 2006 (Revised Rules of Procedure of the Department of Education in Administraive Cases), the Revised Rules on Administrative Cases in the Civil Service, the Omnibus Election Code.

8.         This Order is without prejudice to other circulars, advisories, or resolutions that may hereinafter be adopted by the CSC, COMELEC, and/or other relevant agencies.

9.         Immediate dissemination of and strict compliance wiii this Order is directed.

iOR MAGTOLIS BRIONES

Secretary

Encl.:

As stated

Reference:

None

To be indicated in the Perpetual Index
             under the following subjects:

BUREAUS AND OFFICES ELECTIONS

EMPLOYEES OFFICIALS TEACHERS POLICY

RULES AND REGULATIONS

(Enclosure to DepEd Order No. 048, s. 201

ESBBMSSB

CIVIL SERVICE COMMISSION

I’ortt sit tmtmli WAS

Re:
x

1G0029S

ADVISORY ON ELECTIONEERING                                  Number: AND PARTISAN POLITICAL ACTIVITY

x             Promulgated:  2 8 MAR 2016

RESOLUTION

WHEREAS, the 1987 Philippine Constitution mandates that “no oficer or employee in

the civil service shall engage, directly or indirectly, in any electioneering or partisan political activity”:

WHEREAS, this constitutional injunction against electioneering and conduct of partisan

political activity by civil servants is implemented by Executive Order No.               292  (or the

Administrative Code of 1987). paticularly Section 55. Chapter 7. Title I. Book V thereof, which

provides:

“Section 55. Political Activity. – .Vo oicer or employee in the Civil Service including members of the Armed Forces, shall engage directly or indirectly in any partisan political activity or take part in any election except to vole nor shall he use his oicial authority or influence to coerce the political activity of any other person or body. 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 oice whom he supports: Provided. That public officers and employees holding political offices may take part in political and electoral activities but it shall be unlawful or them to solicit contributions from their subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code. ”

WHEREAS, the same prohibition is found in Republic Act No.     7160 or the Local

Government Code of” 1991. Similarly, the Omnibus Election Code, as amended, echoes the ban against any electioneering and patisan political activity of government officials and employees, and considers the commission thereof as an election ofense punishable by law:

WHEREAS, this prohibitory norm aims U) to ensure that civil servants shall remain focused on the eicient administration of the afairs of the govenment: (2) to do away with the spoils system which is anathema to the meritocracy principle that is at the heart of the Philippine civil service system: and f3) to shield officers and employees from the vagaries of politics:

WHEREFORE, due to numerous inquiries about the governing rules and regulations concening the ban on electioneering and partisan political activity in the wake of the forthcoming electoral exercise, and in keeping with the constitutional mandate to ensure a civil service insulated from political partisanship, the Civil Service Commission hereby resolves to adopt the attached “Joint COMELEC-CSC Advisory on Electioneering and Partisan Political Activity.”

The Commission further resolves to cause the publication of said Joint Circular in a newspaper of general circulation to ensure its broadest dissemination.

Quezon City.

ALICIA dela ROSA-BALA
   Chairperson

A

>BERT S. MARTINEZ                               NIEVES L. OSORIO

Commissioner                                                 Commissioner

Attested by:

DOLORES B. BONIFACIO

P

Director IV

Commission Secretariat and Liaison Ofice

CetHUM ***** *>opy:

SEYMOUR/R./PA/JARES

Chief PeniqaneV.Spocialilt

Commission Secretaial &■ Liaison Oice

SPTHS25

COMMISSION ON ELECTIONS
                         and

CIVIL SERVICE COMMISSION

Joint Circular No.QQl_, Seies of 2016

TO                                              All Officers and. Employees of the Government of the

Republic of the Philippines,, including Any of Its Agencies, Subdivisions, and Instrumentalities

SUBJECT                      JOINT        COMELEC-CSC ADVISORY ON

ELECTIONEERING &. PARTISAN POLITICAL ACTIVITIES

DATE

2 9 MAR 2015

POLICY STATEMENT

L The Commission on Elections, an independent constitutional commission tased
     to enforce and administer all laws and regulations relative to the conduct of
     Philippine elections, and the Civil Service Commission, an independent
     consitutional commission that serves as the central personnel agency of the
     Philippine Government,, aim to accomplish the following:

a) To ensure that members of the civil service and the armed forces shall remain
     focused on the efficient discharge of their duties and funcions;

b) To do away with the “spoils system” which is anathema to the pinciples of
     meritocracy at the heart of the Philippine civil service system and military
     service; and

c) To shield oficers and employees of the civil service and the armed forces
     from ile vagaries of politics.

PURPOSE

2. This Joint Circular is issued to advise and remind all officers and employees of
     the Philippine Government, including any of its agencies, subdivisions, and
     instrumentalities, of the constitutional, statutory, and other regulatory
     prohibitions against engaging in any decioneering or parisan political activiies.

CONSTITUTIONAL PROHIBITIONS

3. Aricle DC(B), Secion % Paragraph 4 of ine 1987 Constitution provides that: “No
     officer or employee in the civil service shall engage, directly or indirectly, in
     any electioneering or partisan political campaign.” (Emphases supplied)

4. Also, Aricle XVL. Secion 5, Paragraph 3 of the 1987 Consitution provides that
     “The armed forces shall be insulated from parisan poliics. No member of the
     military shall engage, directly or indirectly, in any patisan political acivity,
     except to vote.” (Emphases supplied)

STATUTORY PROHIBITIONS

5.

6. Section 261(i) of Batas Pambansa Big. 881, otherwise laiown as the Omnibus Elecion Code, penalizes as elecion offenses the elecioneering and parisan poliical aciviies committed by members of the dvil service and the military:

“Intervention of public officers and employees. – Any officer or employee in
the civil service, except those holding political offices; any officer,
employee, or member or the Armed Forces of the Philippines, or any
police orce, special forces, home defense forces, barangay self-deense
units and all other para-military units that now exist or which may
hereafter be organized who, directly or indirectly, intervenes in any
election campaign or engages in any partisan political activity, except to
vote or to preserve public order, if he is a peace officer.” (Emphases
supplied)

Book V, Title 1(A), Chapter 8, Section 55 of Executive Order No. 292, otherwise laiown as the Adnunistrative Code of 1987, reiterates the saidprohibiion:

“Political Activity. – No officer or employee in the Civil Service including
members of the Armed Forces, shall engage directly or indirectly in any
parisan poliical activity or take part in any elecion except to vote nor
shall he use his oficial authoiy or inluence to coerce the poliical
activity of any other person oj; body. Nothing herein provided shall be
understood to prevent any officer or employee from expressing his
views on current political problems or issues, at from mentioning the
names of candidates for public office whom he supports: Provided, That
public oficers and employees holding political ofices may take part in
poliical and electoral acivities but it shall be unlawful for them to solicit
contibuions from their subordinates or subject them to any of the acts
involving subordinates prohibited in the Elecion Code/’ (Emphases
supplied)

7, Secion 93 of Republic Act No. 7160, otherwise known as the Local Government
     Code of 1991, also reiterates the prohibiion:

“Partisan PoliticalAcavify. – No local official or employee in the career civil service shall engage directly or indirectly in any partisan poliical acivity or take part in any elecion, iniiative, referendum, plebiscite, or recall, except to vote, nor shall he use his oficial authority or influence to cause the performance of any poliical acivity by any person or body. He may, however, express his views on current issues, or mention the names of certain candidates for public office whom he supports. Elective local officials may take part in partisan political and electoral activities, but it shall be unlawful for them to solicit contibuions from their subordinates or subject these subordinates to any of the prohibited acts under the Omnibus Elecion Code.” (Emphases supplied)

COVERED ACTIVITIES

8, In accordance with Section 1, Paragraph 4 of COMELEC Resolution No. 10049
     (promulgated 01 February 2016),* an “election campaign” or “partisan poliical
     acivity” refers to any act designed fa promote the election or defeat of a
     particular candidate/s or party/ies to public office, which includes any of the
     following:

a) Forming organizaions, associaions, clubs, committees, or other groups of
     persons for the purpose of soliciting votes and/or undertaking any campaign
     for or against a candidate/party;

b) Holding poliical caucuses, conferences, meeings, rallies, parades, or other
     similar assemblies for the purpose of soliciing votes and/or undertaking any
     campaign or or against a candidate/party;

c) Making speeches, announcements, or commentaries, or holding interviews

^                                 or or againstfhe elecion of any candidate or party for public office;

d) Pubnshmg, displaying, or distibuting campaign Uterature, or materials
     designed to support or oppose the elecion of any candidate or party;

e) Directly or mdirectly soliciing votes, pledges, or support for or against any
     candidate or parry;

9, CSC Memorandum Circular No, 30 (s. 2009),2 citing CSC Memorandum Circular
     No, 40 (s. 1998),3 adds the following acts to the abovementioned enumeratiom

EnHUed; “Rules and Regulations Implementing Republic Act No. 9006, otherwise known as the Fair Elections Act in.connection with the 09 May20J6 National and LocalElecHons.”
Entitled: “Reminder o AH Government Oficials and Employees Holding Non-Political Oices/Positions of the Prohibitions rom Engaging Directly or Indirectly in Any Partisan Political Activity.”

Bntiled: “Revised Omnibus Rules on Appointments and Other Personnel Actions.”

a) Being a delegate to any poliical convenion, or a member of any poliical
     committee or directorate, or an oicer of any poliical club or other similar
     political organizations;

b) Receiving any contibuions or political purposes, either directly or
     indirectly; and

c) Becorning publicly identiied with the success or failure of airy candidate/s or
     party/ies*

10. CSC Memorandum Circular No. 09 (s, 1992)/ includes the following prohibited
     acts:

a) Wearing of t-shrts or pins, caps or any other similar election paraphernalia
     bearing the names of the candidates or political party except as authorized by
     the Commission on Elections;

b) Being a watcher for a political party or candidate during the election;

c) Consistent presence in political rallies, caucuses of, and continuous
     companionship with certain political candidates and/or political party in said
     political activities, causing the employee to be closely identified with such
     candidate and/or with political party;

d) Giving personal, financial or other monetary contribution, supplies,
     equipment and materials for the benefit of a candidate and/or political party;

e) Utilizing government resources such as personnel including job orders or
     contract of service hirees, time and properties for political purposes.

11. The following acts are illustrative examples provided by jurisprudence:

a) Distributing handbills/lealets’5

b) Attendance at political meetings and caucuses;6

c) Distribution of leters indicating intention, to run or public office;7

EXCLUDED ACTIVITIES

12. The following acts are deemed excluded from the coverage of elecioneeing and
     partisan poliical acivity:

a) Casing one’s vote^

b) Expressing one’s views on current poliical problems or issues;*

c) Menioning the names of candidates or paries whom one supports;10

d) Letters (a) to (e) of Paragraph 8 of this Joint Circular, when performed for the
     purpose of enhancing the chances of aspirants for nominaion for candidacy
     to public ofice by a poliical party or coaliion^

e) Public expressions, opinions, or discussions of probable issues in a
     forthcoming election, or on attributes of or aiicisms against probable
     candidates to be nominated in a forthcoming poliical party convenion;12

f) Social media functions such as “liking,” commening “sharing,” re-posing,
     or following a candidate’s or party’s account,’13 unless these are resorted as a
     means to solicit suppot or or against a candidate or party dining -the
     campaign peiod,

COVERED PERSONS

13. The ollowing are persons prohibited from engaging in any electioneering or
     parisan political activiies:

a) Members of the Civil Service in all branches, subdivisions, instrumentaliies,
     and agencies of the Philippine Government, including govemment-owned-
     or-controlled corporaions With oiginal charters, and state universiies and
     colleges, whether their appointments are permanent, temporary, contractual,
     or even casual}

b) Career oficers holding poliical ofices in an acing or oficer-in-charge (OIC)
     capacity; and

c) Uniformed and acive members of the Armed Forces of the Philippines and
     the Philippine Naional Police.

An employee on leave of absence is sill covered by the prohibiion on elecioneering or parisanpoliical aciviies,

EXCLUDED PERSONS

14. The following are persons excluded from the coverage of the prohibiion against

engaging hi any electioneering or parisan poliical aciviies, for as long as they do not solicit contibutions from their subordinates or subject them, to any of the acts prohibited in the Omnibus Election Code:3*

a) ThePresident and Vice President;

b) Members of-the Cabinet;15

c) Other elective public oficials16 except barangay oficials;

d) Personal and conidenial staff of the abovemenioned oficials;

e) Members of the reserve corps of the Armed Forces of the Philippines.17, COVERED PERIOD

15. With reference to COMELEC Resoluion No. 9981 (promulgated on 18 August
     2015), as amended, the campaign peiods vis-a-vis the 09 May 2016 Naional and
     Local Elecions are as follows:

For President, Vice President, Senators,           09 February 2016 to 07 May 201618

and Party-List Groups                          (90 days beore Election Day)

For Distict Representaives and Local               25 March2016« o 07 May 2016

Elective Posiions                             (45 days before Elecion Day)

16. Secion 80 of the Omnibus Elecion Code, which has not yet been repealed,20
     provides that “[i]t shall be unlawftd for any person, whether or not a voter or
     candidate, or for any party, or association of persons, to engage in an election
     campaign or partisan political activity except duing the campaign period:
     Provided, That poliical paries may hold poliical convenions or meetings to
     nominate their oficial candidates within thirty days before the commencement
     of the campaign period and forty-ive days or Presidenial and Vice-Presidenial
     elecion.” (Emphases and underscore supplied)

17. Further, the last paragraph of Secion 5 of Republic Act No, 7166 provides that
     “[a]ny election campaign or partisan political activity or or against any
     candidate outside of the campaign peiod herein provided is prohibited and
     shall be considered as an election offense punishable under Secion 263 and 264
     of the Omnibus Elecion Code.”

IMPOSABLE PENALTIES

18. Engaging directly or indirectly in parisan poliical activiies by members of the
     Civil Service is a less grave offense punishable by suspension of one (1) month

and one (1) day suspension to six (6) months for the first (lEt) offense, and dismissal from the service for the second (2nd) offense, under Secion 46(D) (10), Rule 10 of CSC Resoluion No. 1101502 dated 8 November 2011, otherwise enown as the Revised Rules on Administrative Cases in the Civil Service.

a) Suspension or one (1) day or more shall be considered a gap in the
     continuity of service. During the period of suspension, respondent shall not
     be entitled to all monetary benefits, including leave credits.21

b) The penalty of suspension shall carry with it disqualification from
     promotion corresponding to the period of suspension.22

c) The penalty of dismissal shall result in the permanent separation of the
     respondent from the service, without prejudice to criminal or civil
     liability

d) The penalty of dismissal shall carry with it cancellation of eligibility,
     forfeiture of retirement benefits, perpetual disqualification from holding
     public office, and bar from taking civil service examinations.24

19. To reiterate, Section 261(i) of the Omnibus Election Code penalizes as election
     offenses the electioneering and partisan political activities committed by
     members of the civil service and the military. Section 264 provides that “[a]ny
     person found guilty of any election offense under this Code shall be punished
     with imprisonment of not Jess than one year but not more than six years and
     shall not be subject to probation. In addition, the guilty party shall be sentenced
     to suffer disqualification to hold public office and deprivation of the right of
     suffrage.”

20. Erring officers and enlisted personnel of the Armed Forces of the Philippines
     maybe disciplined before the appropriate courts-martial under Commonwealth
     ActNo. 408, a? amended, otherwise known as the Articles of War.

INTERNAL POLICIES

21. This Joint Circular is without prejudice o internal policies that have been
     adapted or may hereinafter be adoped by all covered agencies insofar as they
     are not inconsistent herewith.

EFFECTIVITY

22. This Joint Circular shall take effect immediately.

J. ANDRES D. BAUTISTA                                       ALICIA dela ROSA-BALA

Chairperson                                                                        Chairperson

Commission On Elections                                              Civil Service Commission

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