Hello po. Clarification lang po kung kailan pwede mag resume ng appointment/promotion of employees of national government agencies (not elective) in relation to the election ban.
Kasi po dun sa nilabas na calendar ng COMELEC, March 29 to May 12 lang ang ban. Sabi naman dito sa office namin, til June 30 daw po hindi pwedeng mag appoint.
Paki-clarify po. Salamat.
Appointment or hiring of new employees; creation or filling up of new positions; promotion or giving of salary increases, remuneration or privilege. (This is prohibited from March 29 to May 11)
Section 261(g) of the Omnibus Election Code provides, to wit:
Sec. 261. Prohibited Acts. – The following shall be guilty of an election offense:
g. 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.
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.