Republic of the Philippines

CIVIL SERVICE
CO/VI MISSION
Purct sa raun!IJAYAt\

Re: ADVISORY ON ELECTIONEERING Number: - -- -- - -

1600290
AND PARTISAN POLITICAL ACTIVITY 2 9 MAR Z01o
x---------------------------------------------------------------x Promulgated: _ _ _ _ _ __

RESOLUTION

WHEREAS, the 1987 Philippine Constitution mandates that "no officer or employee in
the civil service shall engage, directl y 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), particularly Section 55, Chapter 7, Title I, Book V thereof, which
provides:

"Section 55. Political Activity. -No officer 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 vote nor shall he
use his official 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 fro m expressing his views on current political problems or
issues, or from mentioning the names of candidates for public office 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 for 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 partisan political activity of government officials and employees,
and considers the commission thereof as an election offense punishable by law;

WHEREAS, this prohibitory norm aims (1 ) to ensure that civil servants shall remain
focused on the efficient administration of the affairs of the government; (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 (3) to shield officers and employees from the vagaries of politics;

ecrttfitft tnit· ei,;yt

SEVMO~
UP ARES
Chief P S ia1iat
lu a R. A. C. E. to Serve: I\esponsive. "J.Ccmible, ':,ouneous and E~~ll!lfni~at & iai3oo Office

~ CSC Buildmg. !BP Road. Conslltullon Hills. 1126 Ouezon Cit) · ~ l)31-7lJ35 1<J31-7939'931-S09:: • Q cscphil(qwebmail.csc.gov.ph • e www.cst:.gm.ph
Joint COMELEC-CSC Advisory
On Electioneering p. 2
x----------------------------------------x

WHEREFORE, due to numerous inquiries about the governing rules and regulations
concerning 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~AChairperson

~
TINEZ NIEVES L. OSORIO
Commissioner

Attested by:

-rO~t.~.
1I DOLORES B. BONIFACIO
VV Director IV
Commission Secretariat and Liaison Office
 nmr.mtunapmttmmm
CIVIL SERVICE
COMMISSION

COMMISSION ON ELECTIONS
and
CIVIL SERVICE COMMISSION

Joint Circular No. Wi.., Series 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 Z015
POLICY STATEMENT

1. The Commission on Elections, an independent constitutional commission tasked

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

a) To ensUie that members of the civil service and the armed forces shall remain
focused on the efficient discharge of their duties and functions;
b) To do away with the "spoils system" which is anathema to the principles of
meritocracy at the heart of the Philippine civil service system and military
service; and
c) To shield officers and employees of the civil service and the armed forces
from the 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 electioneering or partisan political activities.

Page 1 of7
CONSTITUTIONAL PROHIBITIONS

3. Article IX(B), Section 2, Paragraph 4 of the 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, Article XVI, Section 5, Paragraph 3 of the 1987 Constitution provides that:
"The armed forces shall be insulated from partisan politics. No member of the
military shall engage, directly or indirectly, in any partisan political activity,
except to vote." (Emphases supplied)

STATUTORY PROHIBITIONS

5. Section 261(i) of Batas Pambansa Blg. 881, otherwise known as the Omnibus
Election Code, penalizes as election offenses the electioneering and partisan
political activities committed by members of the civil service and the military:

"lnteroention 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 force, special forces, home defense forces, barangay self-defense
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)

6. Book V, Title I(A), Chapter 8, Section 55 of Executive Order No. 292, otherwise
known as the Administrative Code of 1987, reiterates the said prohibition:

"Political Activity. - No officer 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 vote nor
shall he use his official 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 office 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 for them to solicit
contributions from their subordinates or subject them to any of the acts
involving subordinates prohibited in the Election Code." (Emphases
supplied)

Page 2 of7
7. Section 93 of Republic Act No. 7160, otherwise known as the Local Government
Code of 1991, also reiterates the prohibition:

"Partisan Political Activity. - No local official or employee in the career civil

service shall engage directly or indirectly in any partisan political activity
or take part in any election, initiative, referendum, plebiscite, or recall,
except to vote, nor shall he use his official authority or influence to cause
the performance of any political activity 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 contributions from their subordinates
or subject these subordinates to any of the prohibited acts under the
Omnibus Election Code." (Emphases supplied)

COVERED ACTIVITIES

8. In accordance with Section 1, Paragraph 4 of COMELEC Resolution No. 10049

(promulgated 01 February 2016), 1 an "election campaign" or "partisan political
activity" refers to any act designed to promote the election or defeat of a
particular candidatejs or party/ies to public office, which includes any of the
follm·ving:

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;
d) Publishing, displaying, or distributing campaign literature, or materials
designed to support or oppose the election of any candidate or party;
e) Directly or indirectly soliciting votes, pledges, or support for or against any
candidate or party;

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 enumeration:

Entitled : "Rules and Regulations Implementing Republic Act No. 9006, otherwise known as the
Fair Elections Act, in connection with the 09 May 2016 National and Local Elections."
2 Entitled: "Reminder to AU Government Officials and Employees Holding Non-Political
Offices/ Positions of the Prohibitions from Engaging Directly or Indirectly in Any Partisan
Political Activity."
3 Entitled : "Revised Omnibus Rules on Appointme nts and Other Personnel Actions."

Page 3 of7
 a) 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;
b) Receiving any contributions for political purposes, either directly or
indirectly; and
c) Becoming publicly identified with the success or failure of any candidate/ s or
party / ies.

10. CSC Memorandum Circular No. 09 (s. 1992),4 includes the following prohibited
acts:

a) Wearing oft-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;
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/ leaflets;S

b) Attendance at political meetings and caucuses;6
c) Distribution of letters indicating intention to run for public office/

EXCLUDED ACTIVITIES

12. The following acts are deemed excluded from the coverage of electioneering and
partisan political activity:

a) Casting one's vote;s

b) Expressing one' s views on current political problems or issues;9
c) Mentioning the names of candidates or parties whom one supports;10

Entitled : "Specific Acts Which Publ ic Officers and Employees in the Career and Non-Career
Service Not Holding Political Offices Can Do and Not Do Relative to the Prohibition Against
Electioneering in Addition To Those Prescribed in M.C. 2 Series of 1992"
5 People vs. De Venecia, G.R No. L-20808, 31 July 1965.
6 Trinidad vs. Va lle, A.M. No. 2258-CFI, 20 July 1981.
7 Vista n vs. Nicolas, A. M . No. MTJ-87-79, 13 September 1991.
8 Q uinto vs. Commission on Elections, G.R. No. 189698, 22 February 2010.
9 Id.
1o Id. See also People vs. De Venecia, supra.

Page 4 of 7
 d) Letters (a) to (e) of Paragraph 8 of this Joint Circular, when performed for the
purpose of enhancing the chances of aspirants for nomination for candidacy
to public office by a political party or coalition;11
e) Public expressions, opinions, or discussions of probable issues in a
forthcoming election, or on attributes of or criticisms against probable
candidates to be nominated in a forthcoming political party convention;12
f) Social media functions such as "liking," commenting, "sharing," re-posting,
or following a candidate's or party's account,n unless these are resorted as a
means to solicit support for or against a candidate or party during the
campaign period.

COVERED PERSONS

13. The following are persons prohibited from engaging in any electioneering or
partisan political activities:

a) 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;
b) Career officers holding political offices in an acting or officer-in-charge (OIC)
capacity; and ·
c) Uniformed and active members of the Armed Forces of the Philippines and
the Philippine National Police.

An employee on leave of absence is still covered by the prohibition on

electioneering or partisan political activities.

EXCLUDED PERSONS

14. The following are persons excluded from the coverage of the prohibition against
engaging in any electioneering or partisan political activities, for as long as they
do not solicit contributions from their subordinates or subject them to any of
the acts prohibited in the Omnibus Election Code:14

a) The President and Vice President;

b) Members of the Cabinet;15
c) Other elective public officials16 except barangay officials;
d) Personal and confidential staff of the abovementioned officials;

u Omnibus Election Code, Section 79. See also Seneres vs. Commission on Elections, G.R. No.
178678, 16 Ap ril 2009.
12 Id.
13 See Disini vs. Secretary of Justice, G.R. No. 203335, 11 February 2014.
14 See CSC Memorandum Circular No.2 (s. 1992).
1s Santos vs. Yatco, G.R No. L-16133, 06 November 1959.
16 Quinto vs. Commission on Elections, supra.

Page 5 of 7
 e) Members of the reserve corps of the Armed Forces of the Philippines.17

COVERED PERIOD

15. With reference to COMELEC Resolution No. 9981 (promulgated on 18 August

2015), as amended, the campaign periods vis-a-vis the 09 May 2016 National and
Local Elections are as follows:

For President, Vice President, Senators, 09 February 2016 to 07 May 20161R

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

For District Representatives and Local 25 March 201619 to 07 May 2016

Elective Positions (45 days before Election Day)

16. Section 80 of the Omnibus Election Code, which has not yet been repealed,2o
provides that "[i]t shall be unlawful 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 during the campaign period:
Provided, That political parties may hold political conventions or meetings to
nominate their official candidates within thirty days before the commencement
of the campaign period and forty-five days for Presidential and Vice-Presidential
election." (Emphases and underscore supplied)

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

IMPOSABLE PENALTIES

18. Engaging directly or indirectly in partisan political activities 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 (1st) offense, and
dismissal from the service for the second (2nd) offense, under Section 46(D) (10),
Rule 10 of CSC Resolution No. 1101502 dated 8 November 2011, otherwise
known as the Revised Rules on Administrative Cases in the Civil Service.

17 Cailles vs. Bonifacio, G.R. No. L-45937, 25 February 1938.

18 Please note that Section 3 of COMELEC Resolution No. 10049 (promulgated 01 February 2016)
prohibits all form s of campaigning on the day before Election Day and Election Day itself.
19 Please note that Section 3 of COMELEC Resolution No. 10049 also prohibits all forms of
campaigning on 25 March 2016, which is Good Friday.
2o Penera vs. Commission on Elections, G.R. No. 181613, 11 September 2009. Here, the Supreme
Court held that Section 13 of Republic Act No. 9369 did not repeal Section 80 of the Omnibus
Election Code.

Page 6 of7
 a) Suspension for 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.2'
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
m embers 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 less 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
may be disciplined before the appropriate courts-martial under Commonwealth
Act No. 408, as amended, otherwise known as the Articles of War.

INTERNAL POLICIES

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

EFFECTIVITY

22. This Joint Circular shall take effect immediately.

J. AND S D. BAUTISTA
Chairperson Chairperson
Commission on Elections Civil Service Commission

21 Revised Rules on Administrative Cases in the Civil Service, Rule 10, Section Sl(c), Paragraph 2.
22 Id ., Section 52(c).
23 Id., Section 51 (a).
24 Id., Section 52(a).

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