Atty. Julius Gregory Delgado
PROHIBITION OF CIVIL SERVANTS ON ENGAGING IN ELECTIONEERING
It is the time of the year that the Civil Service Commission (CSC) reminds civil servants against electioneering and engaging in partisan political activity which is defined as “any act designed to promote the election or defeat of a particular candidate/s or party/ies to public office.” During the last National and Local Elections, the Commission on Elections (COMELEC) and the CSC issued Joint Circular No. 001, Series of 2016 dated 29 March 2016, which remains to be the document wherein civil servants can refer to what activities are prohibited and what are allowed.
The prohibited activities include the following: 1) 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; 2) 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; 3) making speeches, announcements, or commentaries, or holding interviews for or against the election of any candidate/party for public office; 4) publishing, displaying, or distributing campaign literature or materials designed to support or oppose the election of any candidate/party; 5) directly or indirectly soliciting votes, pledges, or support for or against a candidate/party; 6) 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; 7) receiving any contributions for political purposes, either directly or indirectly; 8) becoming publicly identified with the success or failure of any candidate/s or party/ies are also considered partisan political activities and are grounds for disciplinary action; 9) wearing of tshirts 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; 10) being a watcher for a political party or candidate during the election; 11) 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; 12) giving personal, financial, or other monetary contribution, supplies, equipment, and materials for the benefit of a candidate and/or political party; and 13) utilizing government resources such as personnel including job orders or contract of service hires, time, and properties for political purposes.
The following activities, however, are allowed: 1) casting their votes; 2) expressing their views on current political problems or issues; 3) mentioning the names of candidates or parties whom they support; 4) expressing their opinions or engaging in discussions of probable issues in a forthcoming elections; and 5) liking, commenting, sharing, reposting, and following a candidate’s/party’s account, unless these are resorted to solicit support for or against a candidate/party during the campaign period.
The COMELEC-CSC Joint Circular No. 001, Series of 2016, states that the following are covered and are prohibited from engaging in any electioneering or partisan political activity: 1) members of the civil service in all branches, subdivisions, instrumentalities, and agencies of the Philippine Government, including government-owned-or-controlled corporations with original charters, and state universities and colleges, whether their appointments are permanent, temporary, contractual, or even casual; 2) career officers holding political offices in an acting or officer-in-charge (OIC) capacity; and 3) uniformed and active members of the Armed Forces of the Philippines and the Philippine National Police. The said COMELEC-CSC Joint Circular emphasizes that the prohibition still applies even if the civil servant filed a leave of absence.