Republic of the Philippines > DEPARTMENT OF LABOR AND EMPLOYMENT Muralla St, Intramuros, Manila 9 dae MEMORANDUM FOR ‘DOLE-AS 1805 ALL HEADS OF OFFICES, SERVICES, BUREAUS, REGIONAL OFFICES AND ATTACHED AGENCIES SUBJECT: COMMISSION ON ELECTIONS (COMELEC) RESOLUTION NO. DATE 10924, PROMULGATED JUNE 7, 2023 28 July 2023 For information and guidance is the attached copy of Article XIV of the Commission ‘on Elections (COMELEC) Resolution No. 10924, promulgated on 07 June 2023, “General Guidelines and other Related Rules and Regulations for the October 30, 2023 Barangay and Sangguniang Kabataan Elections (BSKE) and all Succeeding BSKEs Thereafter”. The following are the salient provisions of the said COMELEC Resolution: Prohibited Acts from September 18, 2023 (Friday) to October 28, 2023 (Sunday) ‘a. Except upon prior authority of the Commission, no head or appointing officer of any national or local government office, agency or instrumentality, including government-owned or controlled corporations shall: > Appoint or hire any new employee, whether permanent, provisional, temporary, substitute or casual. > Create and fill any new position. [Section 366 (a)] b. No goverment official shall promote or give any increase of salary or remuneration ot privilage to any government official or employee, including those in government-owned or controlled corporations. [Section 366 (0)] . Transfer or detail of any officer or employee in the civil service, within the election period, except upon prior written authority of the Commission. Transfer incidental to promotion, as well as that incidental to appointment, is within the purview of the prohibition against transfers during the election period, The ban shall likewise include any movement consequent to an order for the retum or recall of the detailed, assigned or reassigned personnel to the original ‘or previous place of assignment within the period of prohibition. [Section 376] Request for Exemptions If movement of personnel is necessary to address the exigencies of the service, we may submit a written requests to the COMELEC for approval a. All requests for authority to appoint or hire new employees shall be in writing, stating all information pertinent to the appointment or hiring (Le. name of‘appointee, position, salary grade, name of the appointment authority, etc.) and the reasons for the same. The Application for Request for Authority to Appoint or Hire New Employees is attached as Annex *T™. [Section 368 (a)} b. Requests for authority to create and fill new positions shall be submitted in writing, stating that the position to be created and filed is essential to the proper functioning of the office or agency concemed and that the filing up of such position shall not, in any manner, influence the results of the election. The Application for Request for Authority to Create or Fill new positions is attached as Annex “U”. [Section 369 (a and b)] ©. Requests for authority to make cause any transfer or detail of employee shall be in writing; indicating the office and place to which the employee is proposed to be transferred or detailed or otherwise moved; stating the reasons for the transfer or detail, and, all other data or information as the agency may deem important or necessary regarding the same. The Application for Request for ‘Authority to Transfer or Detail Civil Service Officers or Employees is attached ‘as Annex “V". (Section 377) How and Where to File Requests for Exemptions ‘The requests shall be filed with the appropriate offices: a. Law Department — for central or main offices of national government agencies (NGAs) and government-owned and controlled corporations (GOCCs). All written requests must be submitted to the Office of the COMELEC Chairman, thru the Law Department, 7® Floor, Palacio del Gobemador, Gen. Luna St, cor. A. Soriano Avenue, Intramuros, Manila, b. Office of the Regional Election Director — for field or local offices of goverment agencies and government-owned or controlled corporations in the region where the vacancy exists. [Section 368 (by) In this regard, we encourage the offices concemed to expedite the filing-up of vacant critical positions and to be mindful of the restrictions on other human resource actions so as not to hamper the delivery of services. ‘You may download a copy of the resolution from bit ly/comelecresolution10924. For information and guidance. 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Take the statement of the respondent/s; . Confiscate the firearms and issue the proper receipt thereof; 4. Cause the respondent/s to sion an affidavit binding said respondent to be present at the preliminary investigation at a later date before the prosecutor ‘and that failure to do so shall constitute a waiver to present evidence as defense; and e. Take the statement of witnesses, if any. SEC. 361, Rights of Arrested Person. - Any person arrested for violation of the bans spectied hereof who Is undergoing preliminary examination must be treated humanely ‘and with utmost respect to constitutional and human rights, particularly his right as specified ‘under Section 354 hereof. ‘SEC. 362. Disposition of Documents and Evidence. - The Chief of Police shal submit the investigation report, together with all documents and evidence gethered during the preliminary examination, ‘within three (3) days from arrest to the corresponding ‘rovincial/city prosecutor, furishing the Law Department of the COMELEC with capes of the eport. Upon proper representation by the named PNP personnel above, request can be made with the concerned provincial/city prosecutor, furnishing the Law Department of the COMELEC, that the seized firearm/s shall be released from thelr custody for them to be submitted to the PNP Crime Laboratory Offices forthe required balstcs and cross-matching examinations. “The prosecutor shal then conduct an investigation which shall be resolved within five (5) days from its submission for resolution. ‘SEC. 363. Report of the Law Department. - The Law Department shail submit to the CBFSC Chairperson a progress report stating the particulars of all arrests made during the election period. The CBFSC shall submit to the COMELEC én Banca report of the sald arrests ‘made during the election period. SEC. 364. Compliance with the Data Privacy Act of 2012 and its Implementing Rules and Regulations, ~ The COMELEC shall ensure that al its procedures ‘are compliant with the Data Privacy Act of 2012 and its Implementing Rules and Regulations, SEC. 365. Availability of Fund. - The COMELEC Finance Services Department (FSD), through its Budget Division, shal ensure thatthe field offices of the COMELEC are allocated with sufficient funds needed for the establishment of checkpoints, including the procurement ofthe required signages. PROHIBITION AGAINST APPOINTMENT OR HIRING OF NEW EMPLOYEES, CREATION OF NEW POSITIONS, PROMOTION OR GIVING OF SALARY INCREASES, REMUNERATION OR PRIVILEGES; TRANSFER OR DETAIL OF CIVIL SERVICE EMPLOYEES; SUSPENSION OF ELECTIVE LOCAL OFFICIALS; AND FILING OF LEAVE OF ABSENCE OF LOCAL TREASURERS |) SEC. 366. Prohibited Acts and Period of Prohibition, — From September 15,2023 ‘the conduct of BSKEs: ; . Except upon prior authority of the Commission, no head or appointing officer ‘of any national or local government office, agency or instrumentality, including government-owned or controlled corporations shall: Page 153.0239b ‘Appoint or hire any new employee, whether permanent, provisional, ‘temporary, substitute or casual: Create and fil any new postion. ‘No government official shall promote or give any increase of salary or remuneration or privilege to any government offal or employee, including those in government-owned or controlled corporations. SEC. 367. Designation not included. - The appointment referred in these {uidelines shall not include designation as stated in the Immediately preceding section. Thus, ‘designation of an Incumbent official or employee in a committee or office which involves ‘merely the imposition of addtional duties is not included in the prohibition, SEC. 368.-Request for Authority of the Commission to Appoint or Hire New Employees; How to File. - Requests for authority to appoint or hire new employees shall be: i. inwriting; |i. stating all information pertinent to the appointment oF hiring (ie: ‘name of appointee, poston, salary grade, name of the appointing authority, etc.) and the reasons for the same, In case the name of the appointee is not avaliable atthe time of fing of the request for Authority, the same shall be submitted within three () days from the time ofits availabilty; “The request shall be filed with the appropriate offices: 1. Law Department -requests for authority to appoint or hire new employees of the central or main offices of national government ‘agencies and goverment agencies and government-owned and controled corporations, PNP Regional, Provincial, District, City Directors or Police Colonel and other Officers with equivalent rank oF higher; |i, Office of the Regional Election Director - requests for authority to ‘appoint ar hire new employees in the feld or loca offices of goverment ‘agencies and government-ovmed and controlled corporations, PNP Officers and members lower than Regional, Provincial, District, City Directors or Police Colonel in the region where the vacancy exists “The Application for Request for Authority to Appoint or Hie Employees i attached as Annex "T", SEC. 369. Request for Authority of the Commission to Create and Fill New Positions: Where and How to File, ‘Requests for authority to create and fll new positions shall be submitted in ‘wiring to the Law Department of the Commission, ‘The Commission shall not grant the authority unless itis satisfied that the Position to be created and filed is essential ta the proper functioning of the ‘office or agency concerned and that the filing up of such postion shall not In any manner influence the results of the election. Page 154 0239‘The Application for Request for Authority to Create or Fill New Positions is tached as Annex"U". SEC. 370. When Request for Authority is Not Necessary. - No prior written ‘authority from this Commission shall be needed forthe hiring or appointment of workers under CConiract of Service and Job Order whose services are neither covered Chil Service law, rules ‘and regulations nor considered as government service. Renewal of appointments of temporary, casual, substitute and contractual personnel are likewise not covered by this prohibition and will no longer need prior authority of the However, the appointing authority shall furnish the Commission, through the Law Department for main office positions, and through the Office ofthe Regional Election Director ‘concerned for field postions, a complete list of employees whose appointments were renewed, Indicating their postion, item number, salary grade and station, if applicable. ‘SEC. 371. Urgent Need to Appoint or Hire New Employees. 2. Where there Is urgent need to appoint or hire new employees and such employee has arendy been appointed o hired without prior authority ofthe Commission, the requesting office or agency shall notify the Commission in wating, within three (3) days from the dete of the appointment or hiring, stating the folowing: |. exact date when the poston sought tobe filed became vacant, i, the cause of vacancy; ‘the reason for sald appointment or hiring; and Iv. _allthe necessary data or information regarding the same. . Notice shall be made through the Law Department in case of central ar main ‘office positions, or through the respective offices of the Regional Election Directors in case of field positions. ‘c. The appointment or hiring of new employees shall be valid, unless the same 's found by the Commission: to have been made to influence in any manner the results of the lection; ji, to have been issued without the required notice; or that there is no urgent need for the appointment. d. The need to fil up 2 vacant position by a new employee may be considered "urgent if: |. the positon to be filed Is essential to the proper functioning of the ‘office or agency concerned; i. the position has been vacated either by death, retirement, resignation, [promotion or transfer of the regular incumbent; ‘i. the appointment is issued within sbty (60) days from occurrence of the vacancy; Page 155 0239,Iv. the vacancy cannot be filed by promation or transfer of insiders within the same period; and \¥. the postion shall not be filed in any manner that may influence the election. ‘e, _Appointment to a position which has been vacant for more than sixty (60) ‘days shall not be considered urgent and must, therefore require prior written ‘authority from the Commission through the Law Department or the Regional Election Directors concerned. 4f, $C. 372. Total Ban on Promotion, Salary Increases, Grant of Privileges. ~ For purposes of the October 30, 2023 BSKE, the promotion or giving of increases of salary or ‘enumeration or privilege to any goverment official or employee including thase in ‘government-owned and controlled corporations, shall be strictly prohibited from September 15, 2023 (Friday) to October 29, 2023 (Sunday). For the succeeding BSKES, the total ban on ‘promotion or giving of increases of salary or remuneration or privilege shall be sticty Implemented during the period of forty-five (45) days before election. ‘SEC. 373, Injunction. - The Cl Service Commission (CSC), including al its field offices Is hereby enjoined not to approve the appointment of new employees where no prior waitten authority of the Commission or its regional offices is presented by the appointing ‘authority concerned or proof that the required notice has been complied with. ‘The Department of Budget and Management (DBM) and the Commission on Audit (COA), including all their field offices, shall not release or authorize the release of any ‘appropriation, oF pass in auelt, payments or expenditures of pubic funds that may be directly sed in Violation ofthe foregoing protibition, All field offices of the CSC are directed to submit immediately to the Commission through the Law Department a written report on any violation of said provision of the law through electronic mail at /aw@comelec.gov.ph. CHAPTER T TOTAL BAN ON APPOINTMENT OR HIRING OF NEW EMPLOYEES, CREATION OF NEW POSITION, PROMOTION, OR GIVING OF SALARY INCREASES, REMUNERATION OR PRIVILEGES IN THE BARANGAY Sec. 374, Total Ban on Appointment Hing of Nev Employees, Creation of ‘New Postion, Promotion or Giving of Salary Increases, Rermuneration oF Prvlages ‘nthe Barangay. - From October 20, 2023 (Eiday) © October 29.2023 (sunday) firing of new employees, creation of new postion, promotion ging of sy Inseses, remuneration & pvoges i te brongny sal be sc Ponies, SEC. 375. Infunction, - The CSC and its fleld offices are hereby enjoined not to ‘approve the appointment or hiring of new employees, creation of new postion, promation ar Drivleges to employees in the barangay from October 20, 2023 (Friday) ta October 29, 2023 (Sunday) and during the period of ten (10) days immediately preceding the ‘conduct of BSKES. “The DBM and the COA, including al thei eld offices, shall not release or authorize the release of any appropriation, or pass in audit, payments or expenditures of public funds that ‘may be directly used in violation ofthe foregoing prohibition, Page 156 0f 238All field offices of the CSC are directed to submit immediately to the Commission through the Law Department a written report on any violation of said provision of the law through electronic mail at Jaw@comelec gov.ph. CHAPTER IZ ‘TRANSFER OF OFFICERS AND EMPLOYEES IN THE CIVIL ‘SERVICE ‘SEC. 376. Prohibited Act and Period of Prohibition. - No pubic official shal, ‘make or cause any transfer or detall whatsoever of any officer or employee inthe civil service, Including public schoo! teachers, within the election period, except upon prior written authority of the Commission", “The phrase “transfer or detail” shall be construed in general terms. Any movement of personnel from one station to another, whether or notin the same office or agency, during the election is covered by the prohibition. “Transfer incidental to promotion, as well as that incidental to appointment, i within the purview of the prohibition against transfers during the election period. ‘The ban shal tkewise include any movement consequent to an order forthe return a. recall ofthe detaled, assigned or reassigned personne to the orignal or previous place of assignment within the period of prohibition. SEC. 377. Fling of Requests with the Law Department. - Requests for Autharty to make or cause any transferor detal of any officer or employee in the chil service shal be fled with the Law Department, wh 2 The official station is in the centrel/main offices of national agencies and ‘government-owned or controlled corporations; bb. The requests for transfer or detal involve Provincial, Chy/Municipal Treasurers and ‘Schools Division Superintendents and Assistant Superintendent The transfer or details inter-regional; 4. The request involves both intra-regional and inter-regional transfer or detal of officer ‘or employee in the civil service; or ‘e. The government agency has one integrated Region 1V Office for both Regions 1V-A and 1V-8; o {LTRinvolves PNP Regional, Provincial, District, City Directors or police Colonel and other Officer with equivalent rank or higher. SEC. 378. Filing of Requests with the Office of the Regional Election Director. - Requests for Authority to make or cause any transfer or detall of any officer ar employee in the cvl service shall be fled with the Office of the Regional Election Director where the ‘employee/s sought to be transferred or detailed Is stationed, when’ Teo oroar Page 157 of 2392, Ielnvolves government officers or employees with offical stations in the field offices Including the National Capital Region; bb. Intra-regionaltransfer/detall of PNP officers and members with ranks lower than the ‘PNP Regional, Provincial, istrict, City Directors or Police Colonel; or . All other officers and employees not indicated in Section 377 of these guidelines. “The Application for Request for Authority to Transfer or Detail Civil Service Officers or Employees is attached as Annex "V". ‘SEC. 379. Request for Authority of the Commission on Transfer or Detail; How 20 File, - Requests for Authority to make or cause any transfer or detail cil service officer or employee shall be: a in B _indleating the ofce and place to which the ch service employee's proposed to be transferred or detalied or otherwise moved; © stating the reasons forthe transfer or detal; d. _allother data or information asthe agency may deem important or necessary regarding the seme. CHAPTER TIE ‘SUSPENSION OF ELECTIVE PROVINCIAL, CITY, MUNICIPAL OR ‘BARANGAY OFFICER ‘SEC. 380. Prohibited Acts. During the election period, the provisions of law to contrary notwithstanding, no public offical shall, except upon prior written approval of the ‘Commission, suspend any elective provindal, city, municipal or barangay officer. No prior approval is required if the suspension will be for purposes of applying the AntiGralt and Corrupt Practices Actin relation to the suspension and removal of elective officals. SEC. 381, Request for Authority of the Commission to Suspend any Elective Proviacial, Clty, Municipal or Barangay Officer, unless Suspension will be for ‘Purposes of Applying the Ant-Graft and Corrupt Practices Act: Where and How to ‘File, ~ Requests for Authorty to suspend an elective provincial, city, municipal or barangay ofcer shall be submited tothe Law Department ofthe Commission, supported by: b. a cated true copy of the formal complaint executed under oath and containing the specie charges. If the certified true copy of the complaint is unavailable, a Certification from the requesting agency or local government unit stating that the agency or Yocal government unit that promulgated the decision or resolution did not furnish them 2 copy ofthe said formal complaint; and cre te coyote Dain ar Reston suspending the cond elective local official. sid ‘The Request for Authority to Suspend Any Elective Provincial, Cty, Municipal or sarongay Mer shal be srt tough ena at acomecgovph ahd fier al ‘Tecognized courier service. ~ Page 158 0f 23910924 ‘SEC. 607. Publication and Dissemination. - The Education and Information Department shall couse the publication of these general guidelines in at least two (2) daly ‘newspapers of general circulation in the Philippines. The ITD shall cause the posting of these ‘general guidelines in the offical website of the Commission, Let the Executive Director, Deputy Executive Ditector for Operations and the Project Management Office for BSKE, implement these general guidelines. (CERTIFICATION [APPROVED by the Commission En Banc during its regular meeting on June 7, 2023, pursuant to its Resolution No. 10671 or the Sypplemental Resolution to COMELEC Resolution No. 9936 Bromulgated March 25, 2015 entitled, "Rule on the Enactment and Pramulgation of Executive or ‘Adiminisrative Resolutions” Providing for Other Farmat of Meetings to Include On Une Meetings Applicable in Times of the COVID-19 Pandemic and the Imposition of Community Quarantines and Similar Emergency Situations, promulgated on June 08, 2020. arty. DIOLA Director ¥ Office of the Commission Secretary ‘This Resolution may be verified at (02}8527-2987 and comsec@comelec-gov ph, Page 239 f 239,