Since the election period has already started on January 9, 2022, there are several prohibitions that have set in. One of them is the ban on hiring employees, creation or filling up of new positions, giving salary increases, promotion, giving of privileges and transfer or detail of civil service employees mentioned in Comelec Resolution 10742, promulgated December 16, 2021.
The prohibition covers government employees, national or local, including government owned or controlled corporations. The period of prohibition is forty-five days before a regular election and thirty days before a special election. For this coming May 9, 2022 National and Local Elections, said period will begin on March 25, 2022 until May 8, 2022. The acts enumerated are not allowed, and are thus, considered election offenses because they could influence the results of the elections by giving
undue advantage to persons who could be benefitted by such hiring, increase of salary or privileges, promotion, movement, and filling up of positions in government.
Except for promotion, increase of salary and the giving of privileges, the mentioned acts may be allowed when the Comelec gives its consent by issuing an exemption or by authorizing said acts.
In case of appointment of new employees and creation of new positions, the Comelec 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 is not filled in a manner that may influence the elections. However, a new employee may be appointed, regardless of the requirement above, in case of urgent need, provided that the notice of the appointment will be furnished to the Comelec within three days from the date of the appointment. Said Notices shall be sent to the Law Department of the Comelec, if the position is in the central or main office or to the Office of the Regional Election Director, in case of field positions.
If the employees are hired under a Contract of Service or Job Order whose services are not covered by the Civil Service laws, rules and regulations and not considered government service, no prior authority from the Comelec shall be needed.
Sample application forms for exemption from the ban on appointment, creation or filling of new positions, and the ban on transfer may be downloaded from the Comelec website: www.comelec.gov.ph or they may be obtained by downloading Comelec Resolution 10742.
In case of transfer of officers and employees in the civil service, the request for Approval of transfer shall be sent through e-mail at: [email protected] and registered mail/recognized courier service. For movement of field officials, requests may be sent to the official e-mail address of the Regional Election Director which may be found in the Comelec’s official website: www.comelec.gov.ph.
More details concerning this matter will be discussed in our Election Day segment, Fridays at 7 o’clock in the morning at Regional News Group Luzon.
**Comments made in this article are made by me in my personal capacity as a lawyer and not as an employee of the COMELEC