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Election Ban

Section 261 (g) of the Omnibus Election Code prohibits government agencies from hiring new employees or creating new positions within 45 days of a regular election without permission from the Commission on Elections (COMELEC). COMELEC will only grant permission if the position is essential and will not influence the election. As an exception, urgent hires can be made but must be reported to COMELEC within 3 days. Violations are considered null and void. Promoting or increasing salaries of government officials/employees during this time may also be considered an election offense. The Civil Service Commission also reminds agencies of rules prohibiting appointments after an election until June 30 unless specific requisites are met, including qualification standards and screening

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67 views1 page

Election Ban

Section 261 (g) of the Omnibus Election Code prohibits government agencies from hiring new employees or creating new positions within 45 days of a regular election without permission from the Commission on Elections (COMELEC). COMELEC will only grant permission if the position is essential and will not influence the election. As an exception, urgent hires can be made but must be reported to COMELEC within 3 days. Violations are considered null and void. Promoting or increasing salaries of government officials/employees during this time may also be considered an election offense. The Civil Service Commission also reminds agencies of rules prohibiting appointments after an election until June 30 unless specific requisites are met, including qualification standards and screening

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april75
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Section 261 (g) of the Omnibus Election Code (BP Blg 881) states, “During the period

of forty-five days before a regular election, (1) any head, official or appointing officer of
a government office, agency or instrumentality, whether national or local, including
government-owned or controlled corporations, who appoints or hires any new
employee, whether provisional, temporary or casual, or creates and fills any new
position, except upon prior authority of the COMELEC. The COMELEC shall not grant
the authority sought 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 shall not be
filled in a manner that may influence the election.”

Further, “as an exception, a new employee may be appointed in case of urgent need,


provided that notice of the appointment is given to COMELEC within three days from
the date of the appointment. Any appointment or hiring in violation shall be declared null
and void.”

Any government official who promotes, or gives any increase of salary or remuneration
or privilege to any government official or employee, including those in government-
owned or controlled corporations may be considered guilty of an election offense.

The CSC also reminds government agencies to observe Section 112 of the Omnibus
Rules on Appointments and Other Human Resource Actions which prohibits all
appointments after an election until 30 June by outgoing elective officials unless all the
following requisites relative to their issuance are met:

1. The appointee meets the approved minimum qualification standards or


qualification standards required under special law, if any, for the position to which
he/she was appointed;
2. The appointee has undergone the Human Resource Merit Promotion and
Selection Board (HRMPSB) screening prior to the election ban. In this case, the
appointing officer/authority or agency shall submit the minutes of the HRMPSB
meetings and the evaluation report of the applicants;
3. There is an urgent need for the issuance of the appointment/s so as not to
prejudice public service orendanger public safety; and
4. Civil Service Law, rules and regulations and special laws, if any, on the issuance
of appointments are followed. 

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