Appointment of new employees, creation of new position, promotion, or giving

salary
increases. - During the period of forty-five days before a regular election and thirty
days
before a special 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 Commission.
The
Commission 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.

2) 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.
(h) Transfer of officers and employees in the civil service. - Any public
official who makes or causes any transfer or detail whatever of any officer
or employee in the civil service including public school teachers, within the
election period except upon prior approval of the Commission.
Employees can only be hired and promoted and positions can only be created only upon prior
authority of the poll body after having filed a request from the Comelec Law Department and the
Office of the Regional Election Director, based on the resolutions Rule II.
Requests to appoint and promote new employees and create new positions will be denied if these were
made to influence, in any means, the results of the elections, the resolution said. These same
requests will also be disapproved if appointments have been issued without notification and if the
Commission finds that the appointment has no urgent nature.

Appointment to a position is considered urgent if it is essential to the proper functioning of the office
and has been vacated by death, retirement, resignation, promotion or transfer of the regular
incumbent.
Similarly, appointment to a position is also considered urgent if it has been issued sixty days from
occurrence of the vacancy; if the vacancy cannot be filled by promotion or transfer of insiders within
the same period; and that if the position shall not be filled in any manner that would influence the
election, the resolution said.
During the election ban, the resolution also strictly forbids, any government official to promote, or
give any increase of salary or remuneration or privilege to any personnel or government official
including those in government-owned and controlled corporations (GOCCs).

JANUARY 10, 2016 to JUNE 8, 2016

The following are prohibited during this period:
1. The transfer or movement of officers and employees in the civil service
2. Bearing, carrying, or transporting firearms or other deadly weapons a.k.a. gun ban
3. The use of security personnel or bodyguards by candidates and organization or maintenance of
reaction forces, strike forces, or other similar forces
4. The suspension of elective local officials
*For No. 4: The suspension order by the Office of the Ombudsman for local elective officials is
exempted as it applies the Anti-Graft and Corrupt Practices Act.
Candidates could be exempted from the gun ban and the prohibnition on the use of security
personnel if they have written authority from the Comelec.
*Additional note: Comelec checkpoints to be manned by the local police will be set up in every city
and town to implement the gun ban and prevent election-related violence. Only a visual search of
the vehicle is allowed at the checkpoints. The Comelec emphasized: "The search, which is normally
permissible, is limited to visual search where the officer simply looks into the vehicle and flashes a
flashlight therein without opening the cars door."
FEBRUARY 9, 2016 to MAY 7, 2016
This is the campaign period for candidates for national positions such as president, vice president,
senators, and party lists. However, candidates cannot campaign for two days during the Holy Week:
MARCH 24 and MARCH 25.
FEBRUARY 9, 2016 to JUNE 8, 2016
Under the Omnibus Election Code, the giving of donations or gift in cash or in kind, etc.; as well as
the appointment or use of special policemen, confidential agents and the like is prohibited during this
period.
MARCH 10, 2016 to JUNE 8, 2016

The prohibition on illegal release of prisoners will take effect during this period.
MARCH 25, 2016 to JUNE 8, 2016
During this period, the following prohibitions are in effect:
1. The government is banned from appointing or hiring new employees, creating or filling up of new
positions; promoting or giving of salary increases, remuneration or privilege.
2. The construction of public works, delivery of materials for public works, and issuance of treasury
warrant or similar devices for a future undertaking chargeable against public funds.
MARCH 26, 2016 to MAY 7, 2016
Candidates for local positions are allowed to campaign during this period. Technically, they are
supposed to start their campaign on March 25. However, since the said date is one of the nocampaign days during the Holy Week, the start of their campaign period was pushed to March 26.
MAY 8, 2016
All forms of campaiging are supposed to end on this day, which is the eve of Election Day.
MAY 8, 2016 to MAY 9, 2016
During this period, the following conditions are in effect:
1. Between the said days, any efforts to woo voters are deemed unlawful. Among these are giving,
accepting, free transportation, food or drinks or things of value.
2. The liqour ban will also strictly be observed between these days.
MAY 9, 2016
On Election Day, the following are prohibited:
1. Soliciting votes or undertaking any propaganda for or against any candidate or any political party
within the polling place or within 30 meters thereof.
2. Setting up booths or stalls for the sale, etc., of merchandise or refreshments within a radius of 30
meters from the polling place.
3. Holding fairs, cockfights, boxing, horse races, or any other similar sports within a radius of 30
meters from the polling place. (PNA)

Grospe vs Secretary of Public Works and Communications (105 Phil 129) Villanueva vs
Balallo (9 SCRA 407); Suarez vs Commission on Elections (20 SCRA 797),

Republic of the Philippines

COMMISSION ON ELECTIONS
Manila

RESOLUTION No. 6456

ENFORCEMENT OF THE PROHIBITION AGAINST APPOINTMENT OR HIRING OF NEW
EMPLOYEES; CREATION OR FILLING UP OF NEW POSITIONS; GIVING SALARY INCREASES;
TRANSFERRING/DETAILING CIVIL SERVICE EMPLOYEES; AND SUSPENSION OF ELECTIVE
LOCAL OFFICIALS IN CONNECTION WITH THE MAY 10, 2004 SYNCHRONIZED NATIONAL
AND LOCAL ELECTIONS
Promulgated: 10 December 2003
WHEREAS, Sec. 261 of the Omnibus Election Code of the Philippines provides:
"x x x - The following shall be guilty of an election offense:
xxxxxxxxx
"(g) Appointment of new employees, creation of new position, promotion, or giving salary
increases - During the period of forty five (45) days before regular election and thirty days
before a special 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 positions, except upon prior authority of the
Commission. The Commission 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.
"As an exception to the foregoing provisions, a new employee may be appointed in case of
urgent need: Provided, however, That notice of the appointment shall be given to the
Commission within three days from the date of the appointment. Any appointment or hiring in
violation of this provision shall be null and void.
"(2) 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.
"(h) Transfer of officers and employees in the civil service - Any public official who makes or
causes any transfer or detail whatever of any officer or employee in the civil service including
public school teachers, within the election period except upon approval of the Commission.
(Underlining supplied)
xxxxxxxxx
"(x) Suspension of elective provincial, city, municipal or barangay officer - The provisions of
law to the contrary notwithstanding during the election period, any public official who
suspends, without prior approval of the Commission, any elective provincial, city, municipal

or barangay officer, unless said suspension will be for purposes of applying the Anti-Graft
and Corrupt Practices Act in relation to the suspension and removal of elective officials; in
which case the provision of this section shall be inapplicable."
WHEREAS, to enforce effectively the foregoing provisions, there is need to promulgate the
necessary rules for the guidance of all concerned:
NOW, THEREFORE, the Commission on Elections, pursuant to the powers vested in it by the
Constitution, the Omnibus Election Code and other election laws, has RESOLVED to promulgate, as
it hereby promulgates, the following rules to implement the provisions of Section 261, subsections
(g), (h) and (x) of the Omnibus Election Code:
SECTION 1. Prohibited acts a. During the election period from December 15, 2003 until June 9, 2004, no public official
shall make or cause any transfer/detail whatsoever of any officer or employee in the civil
service, including public school teachers, or suspend elective provincial, city, municipal or
barangay official, except upon prior written approval of the Commission. Transfer as used in
this provision shall be construed as any personnel movement from one government agency
to another or from one department, division, geographical unit or subdivision of a
government agency to another with or without the issuance of an appointment.
b. Beginning March 26, 2004 until May 10 2004, no head, official or appointing officer of any
national or local government office, agency or instrumentality, including government-owned
or controlled corporations, shall:
1. appoint or hire any new employee, whether permanent, provisional, temporary,
substitute or casual; or
2. create and fill any new position, except upon prior authority of the Commission.

lvvph1.t

c. Beginning March 26, 2004 until May 10, 2004, no government official shall promote or give
any increase of salary or remuneration or privilege to any government official or employee,
including those in government-owned or controlled corporations.
SECTION 2. Requests for authority of the Commission; How to file:
2.1. Requests for authority to make or cause any transfer or detail of any officer or employee
in the civil service with official station in the central/main offices of national agencies and
government-owned or controlled corporations, shall be submitted in writing to the
Commission through its Law Department indicating;
a. the office and place to which the officer or employee is proposed to be
transferred/detailed or otherwise moved; and
b. stating the reasons therefore.

Similar requests involving regional directors, assistant regional directors or positions of

similar rank, Philippine National Police Provincial/District Directors or Commanders, Officers
of the Armed Forces of the Philippines with the rank of major or equivalent rank, and/or
holding positions of battalion commanders or higher, Provincial Treasurers, Schools Division
Superintendents, and Assistant Superintendents, irrespective of their official stations shall
likewise be submitted to the Commission through its Law Department.
Requests involving government employees with official stations in the field offices including
the National Capital Region shall be filed with the corresponding offices of the Regional
Election Directors where the employee(s) sought to be detailed or transferred is stationed.
Whereupon, the Regional Election Director concerned shall submit to the Commission En
Banc copy furnished its Personnel Department, for consolidation and submission to the Law
Department, by fastest means a report on applications acted upon by him/her within seventytwo (72) hours from his/her action approving or denying the same.
Requests for inter-regional transfers or details shall be filed with the Commission on
Elections through its Law Department.
2.2. Requests for authority to appoint or hire new employees, shall be submitted in
writing to the Office of the Regional Election Directors of the region where the
vacancy exists, stating all the necessary data and reasons for the same.
Similar requests involving employees in the central or main offices of national government
agencies and government-owned or controlled corporations shall be submitted in writing to
the Commission through the Law Department.
2.3. Requests for authority to create and fill new positions shall be submitted to the
Commission through its Law Department.
Renewal of appointments of temporary, casual, substitute and contractual personnel are not
covered by this prohibition and therefore will not longer need prior authority of the
Commission. However, the appointing authority shall furnish the Commission, through its
Regional Offices for field positions and the Personnel Department for main office positions a
complete list of employees whose appointments were renewed indicating their position, item
number, salary grade and station.
2.4. Requests for authority to suspend an elective provincial, city, municipal or
barangay officer shall be supported by a copy of a formal complaint executed under
oath and containing the specific charges therefor..
2.5. The Commission or its Regional Election Directors office 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, that the filling up of such position shall
not in any manner influence the results of the elections.

All actions of the Regional Election Directors granting the requests for exemptions from the
coverage of the ban herein involved are subject to review by the Commission and shall
remain valid and effective unless otherwise rescinded or nullified by the Commission.
SECTION 3. Urgent need to appoint new employees - Where there is urgent need to appoint or hire
new employees, the same may be allowed without the need for a prior request for authority from the
Commission provided that within three (3) days from the date of the appointment or hiring, the
Commission through the respective Regional Election Directors offices, for field positions, or through
the Personnel Department for central or main office positions shall be notified in writing, stating
therein the exact date when the position sought to be filled became vacant, the cause of vacancy,
reason/s for said appointment or hiring and all the necessary data or information regarding the
same. Failure to give notice as herein required shall render the appointment null and void.
The need to fill up a vacant position by a new employee may be considered urgent if the position
sought to be filled has been vacated either by the death, retirement, resignation, promotion or
transfer of the regular incumbent within sixty (60) days from the issuance of the appointment and the
same cannot be filled by promotion or transfer of insiders within the same period. Appointment to a
position which has been vacant for more than sixty (60) days before the issuance of appointment
shall not be considered urgent and must, therefore, require prior written authority from the
Commission or the Regional Election Directors concerned.
SECTION 4. Total ban on promotion, salary increases, granting privileges - Promotion, or giving any
increase of salary, remuneration, or privilege to any government official or employee including those
in government-owned or controlled corporations, is strictly prohibited without exception whatsoever.
Promotion as used in this provision shall mean a personnel movement involving the issuance of an
appointment and not by mere designation.
SECTION 5. Injunction - The Civil Service Commission (CSC), including all its field offices, is hereby
enjoined not to approve the appointment of new employees where no prior written approval of the
Commission or its Regional Election Directors office is presented by the appointing authority
concerned or proof that the required notice within the 3-day reglementary period as provided in
section 3 hereof 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, or pass in audit
payments or expenditures of public funds that may be directly or indirectly be used in violation of the
foregoing prohibitions.
All field offices of the CSC, including its deputized agencies and citizens arms, are directed to submit
immediately to the Commission a written report on any violation of said provisions of the Omnibus
Election Code.
SECTION 6. Penalty - Any violation of the provisions of this Resolution shall, constitute an election
offense and shall be punishable by imprisonment of not less than one (1) year but not more than six
(6) years, among other penalties provided by law.

SECTION 7. Effectivity - This resolution shall take effect on the seventh day after its publication in
two (2) newspapers of general circulation.
SECTION 8. Dissemination - The Education and Information Department shall cause the publication
of this resolution in two (2) daily newspapers of general circulation, and shall furnish copies thereof
to all Departments, Constitutional Commissions, Offices, Provincial Governors, City and Municipal
Mayors and government agencies including government-owned or controlled corporations, and all
field offices of the Commission.
SO ORDERED.

ON ENTITLEMENT TO WAGES
LABOR CODE
Art. 102. Forms of payment. No employer shall pay the wages of an employee by means of promissory notes,
vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly requested by
the employee.
Payment of wages by check or money order shall be allowed when such manner of payment is customary on the
date of effectivity of this Code, or is necessary because of special circumstances as specified in appropriate
regulations to be issued by the Secretary of Labor and Employment or as stipulated in a collective bargaining
agreement.
Art. 103. Time of payment. Wages shall be paid at least once every two (2) weeks or twice a month at
intervals not exceeding sixteen (16) days. If on account of force majeure or circumstances beyond the employers
control, payment of wages on or within the time herein provided cannot be made, the employer shall pay the wages
immediately after such force majeure or circumstances have ceased. No employer shall make payment with less
frequency than once a month.
The payment of wages of employees engaged to perform a task which cannot be completed in two (2) weeks shall be
subject to the following conditions, in the absence of a collective bargaining agreement or arbitration award:
1.

That payments are made at intervals not exceeding sixteen (16) days, in proportion to the
amount of work completed;

2. That final settlement is made upon completion of the work.

Art. 104. Place of payment. Payment of wages shall be mad

SECTION 9(H) OF PD 807 ALREADY

AMENDED BY SECTION 12 BOOK V OF
EO 292

It is incorrect to interpret Section 9(h) of Presidential Decree (PD) 807 as

requiring that an appointment must be submitted by the appointing authority to the

CSC within 30 days from issuance, otherwise, the appointment would become
ineffective. Such interpretation fails to appreciate the relevant part of Section 9(h)
which states that an appointment shall take effect immediately upon issue by
the appointing authority if the appointee assumes his duties immediately and
shall remain effective until it is disapproved by the [CSC]. This provision
is reinforced by Section 1, Rule IV of the Revised Omnibus Rules on
Appointments and Other Personnel Actions, which reads:
Section 1. An appointment issued in accordance with pertinent
laws and rules shall take effect immediately upon its issuance by the
appointing authority, and if the appointee has assumed the duties of the
position, he shall be entitled to receive his salary at once without
awaiting the approval of his appointment by the Commission. The
appointment shall remain effective until disapproved by the
Commission. x x x (Emphasis supplied)