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
0 Comments