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Section 5 Prohibition on Appointment

5.1 No appointive official shall hold any other office or employment in the government unless

otherwise allowed by law or by the primary functions of his position.

5.2 No elective official shall be eligible for appointment in any capacity to any public office or position

during his tenure.

5.3 No elective or appointive public officer or employee shall receive additional, double or indirect
compensation, unless specifically authorized by law, nor accept without the consent of Congress, any

present, emolument, office or title of any kind from any foreign government.

5.4 a person who lost in an election (except Barangay Election) shall not be eligible for appointment or
reemployment to any office in the government or government-owned or controlled corporation within

one (1) year following such election.

5.5 An employee, who files a certificate of candidacy, even if later on is disqualified or has withdrawn, is

still considered resigned.

5.6 An Employee who has resigned from the government service during the three-month period
before any election to promote the candidacy of another shall not be reemployed during the six-

month period following such election.

5.7 No detail or reassignment shall be made within three (3) month before any election unless with the
permission of the COMELEC.

5.8 No officer or employee I the civil service including members of the Armed Forces, shall engage
directly or indirectly in any partisan political activity or take part in any election except to vote nor shall
he use his official activity or influence to coerce the political activity of any other person or any.

5.9 No appointment shall be made in favor a relative of the appointing authority or recommending
authority, or of the chief of bureau or office of the person exercising immediate over the appointee.
Exempted from the rule are:

5.9.1 persons employed in a confidential capacity

5.9.2 teachers

5.9.3 physicians

5.10 No person who has been dismissed or perpetually excluded or disqualified from the government
service shall be appointed or reemployed unless he has granted executive elemency.
5.11 No person who has reached compulsory retirement age 65 can appointed to any position in the

government.

5.12 No person appointed to a position in the non-career service shall perform the duties properly

belongings to any position in the career service.

5.13 No consultant, contractual or non-career employee shall be designed to positions exercising

control or supervision over regular and career personnel.

5.14 The CSC may, in meritorious aces, extend the service of one who has reached compulsory
retirement age 65 years for a period of six (6) months. Such extension shall be at the maximum of one
(1) tear for those who will complete the fifteen (15) years of service required under the GSIS law.
Request for extensions shall be made by the head of office and shall be filed with the CSC prior to the

date of the official’s/employee’s compulsory retirement.

Service rendered during the period on extension, for those who shall complete the 15 years of
service required under the GSIS law, shall be credited as part of the government service; otherwise, the

same shall not be credited as government service for purposes of retirement.

Officials and employee on service extension shall be entitled to salaries, allowances and other
remunerations, that are normally considered part and parcel of an employee’s compensation package.
Their entitlement to such salaries, allowances, and other remunerations shall be subject to existing
regulations on the grant thereof. Such extension of service shall not entitle the employee to leave

credits.

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