Election Offenses Punishable by Law for DepEd Officials, Employees

The Department of Education (DepEd) issued DepEd Order No. 048 s. 2018 – Prohibition on Electioneering and Partisan Political Activity as a reminder to all its officials, teaching and nonteaching personnel on the constitutional prohibition against electioneering and conduct of partisan political activity. Article IX-B, Section 2(b), paragraph 4 of the 1987 Constitution states that no officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.

The Omnibus Election Code, as amended, prohibits government officials and employees from engaging in any electioneering and partisan political activity and considers the commission thereof as an election offense punishable by law. The same prohibition is found in Book V, Title I, Chapter 7, Section 55 of the Executive Order No. 292, or the Administrative Code of 1987.

commission on electionAn advisory on Electioneering and Partisan Political Activity issued through Civil Service Commission (CSC) Resolution No. 1600298 dated March 29, 2016 reiterates that the prohibition aims to ensure that government workers will remain focused on the affairs of the government, to do away with the spoils system, and to shield public servants from the vagaries of politics. Enclosed is a copy of the said CSC Resolution.

In accordance with existing rules and regulations promulgated by the CSC, the Commission on Elections (COMELEC), and jurisprudence, the following are regarded as partisan political activities, which refer to acts designed to promote the election or defeat of a particular candidate or party to public office:

  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 or party for public office;
  4. Publishing, displaying, or distributing campaign literature, or materials designed to support or oppose the election of any candidate or party;
  5.  Directly or indirectly soliciting votes, pledges, or support for or against a candidate or 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;
  9. Wearing of t-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;
  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 contributions, supplies, equipment and materials for the benefit of a candidate and/or political party;
  13. Utilizing government resources such as personnel, including job order or contract of service hirees, time, and properties for political purposes;
  14. Distributing handbills/leaflets;
  15. Attendance at political meetings and caucuses; and
  16. Distribution of letters indicating intention to run for public office.

All DepEd officials (including third level officials), teaching and non-teaching personnel, are prohibited from engaging in any electioneering or partisan political activity, subject to the exclusion under paragraphs 12 and 14 of the attachment to the enclosed CSC Resolution.

 

(Exclusions under paragraphs 12 and 14 of the enclosed CSC Resolution)

EXCLUDED ACTIVITIES

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

    • a) Casting one’s vote;
    • b) Expressing one’s views on current political problems or issues;
    • c) Mentioning the names of candidates or parties whom one supports;
    • 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;
    • 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;
    • f) Social media functions such as “liking,” commenting, “sharing,” re-posting, or following a candidate’s or party’s account,13 unless these are resorted as a means to solicit support for or against a candidate or party during the campaign period.

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:
    • a) The President and Vice President;
    • b) Members of the Cabinet;
    • c) Other elective public officials except barangay officials;
    • d) Personal and confidential staff of the abovementioned officials;
    • e) Members of the reserve corps of the Armed Forces of the Philippines

 

DepEd officials are prohibited from using their position of authority to influence teaching and/or non-teaching personnel under their supervision or jurisdiction to support any preferred candidate or political party.

Any of the abovementioned prohibited acts committed by DepEd official /personnel shall be dealt with in accordance with the DepEd Order No. 49, s.
of 2006 (Revised Rules of Procedure of the Department of Education in Administrative Cases), the Revised Rules on Administrative Cases in the Civil Service, the Omnibus Election Code.

This Order is without prejudice to other circulars, advisories, or resolutions that may hereinafter be adopted by the CSC, COMELEC, and/or other relevant agencies.

Immediate dissemination of and strict compliance with this Order is directed.

 

LEONOR MAGTOLIS BRIONES
Secretary

 

Source:

  • Department of Education

 

 

Further reading on Election Offenses Punishable by Law for DepEd

 

 

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