Election-Related Matters:

Constitution, Statutes and CSC-COMELEC Joint Resolution

(Separation of Powers and
Prohibition on Partisan Political Activity)
1st General Assembly of DepEd 3rd Level Officials
January 22, 2019

DEPARTMENT OF EDUCATION
CORNERSTONE OF THE 1987 CONSTITUTION

1987 Constitution
Article II, Section 1
Declaration of Principles and State Policies

“The Philippines is a democratic and republican State.

Sovereignty resides in the people and all government
authority emanates from them.”

DEPARTMENT OF EDUCATION
CORNERSTONE OF THE 1987 CONSTITUTION

Government authority emanates

from the people through elections.

The right to vote is among the most sacred freedoms

inherent in a democratic state.

DEPARTMENT OF EDUCATION
THE ASPIRATIONS OF THE FILIPINO PEOPLE

1987 Constitution
Article II, Section 4

“The prime duty of the government is to serve and protect

the people…” (Emphasis added)

DEPARTMENT OF EDUCATION
SEPARATION OF POWERS OF THE GOVERNMENT

DOCTRINE OF SEPARATION OF POWERS

“It is the duty of the Legislature to make the law; of the

Executive to execute the law; and of the Judiciary to
construe the law.” (U.S. v. Ang Tang Ho [1922])

Each branch enjoys independence from the other branches

of government and is prohibited from performing the
functions of the other branches, but they are all equal and
coordinate branches designed to function as a whole
government. (U.S. v. Springer [1927])
DEPARTMENT OF EDUCATION
SEPARATION OF POWERS OF THE GOVERNMENT

DOCTRINE OF SEPARATION OF POWERS

“The Constitution has provided for an elaborate system of

checks and balances to secure coordination in the workings
of the various departments of government.”
(Angara v. Electoral Commission [1936])

There is violation of the principle of separation of powers

when there is impermissible interference with, and/or
assumption of, another department’s functions.
(Belgica v. Ochoa [2013])
DEPARTMENT OF EDUCATION
 EXECUTIVE BRANCH

ADMINISTRATIVE CODE OF 1987,

BOOK IV, CHAPTER 1, SECTION 1

The Executive Branch shall have such Departments as

necessary for the functional distribution of the work of the
President and for the performance of their functions.

One of those Departments

is the Department of Education.

DEPARTMENT OF EDUCATION
 CONSTITUTIONAL PROHIBITION:
PARTISAN POLITICAL ACTIVITY

1987 Constitution
Art. IX (B), Sec. 2, Par. 4 Constitutional Commissions

No officer or employee in the civil ser vice

shall engage, directly or indirectly, in any
electioneering or partisan political campaign .

DEPARTMENT OF EDUCATION
 STATUTORY PROHIBITION:
PARTISAN POLITICAL ACTIVITY

Administrative Code of 1987

Book V, Title I(A), Chapter 8, Section 55

Political Activity. - No officer or employee in 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 authority or
influence to coerce the political activity of any other person or
body. Nothing herein provided shall be understood to prevent any
officer or employee from expressing his views on current
political problems or issues, or from mentioning the names of
candidates for public office whom he supports:

DEPARTMENT OF EDUCATION
 STATUTORY PROHIBITION:
PARTISAN POLITICAL ACTIVITY

Executive Order No. 292

( Administrative Code of 1987)
Book V, Title I(A), Chapter 8, Section 55

Provided, That public officers and employees holding political

offices may take part in political and electoral activities but it shall
be unlawful for them to solicit contributions from their
subordinates or subject them to any of the acts involving
subordinates prohibited in the Election Code (Emphasis added)

DEPARTMENT OF EDUCATION
 PROHIBITION:
PARTISAN POLITICAL ACTIVITY

RATIONALE

Officers and employees in the civil service are “servants of the

State and not the agents of any political group.”
(Cailles v. Bonifacio [1938])

“Public office is a public trust. Public officers and employees must,

at all times, be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency; act with patriotism
and justice, and lead modest lives.”
(1987 Constitution, Article XI, Section 1)

DEPARTMENT OF EDUCATION
 PROHIBITION:
PARTISAN POLITICAL ACTIVITY

RATIONALE

To secure discipline and efficiency in the public service,

do away with the “spoils system” anathema to the principle of
meritocracy in the civil service, and shield civil servants from the
vagaries of politics.
(Joint COMELEC-CSC Circular No. 001-16 dated March 29, 2016)

DEPARTMENT OF EDUCATION
 PROHIBITION:
PARTISAN POLITICAL ACTIVITY

RATIONALE

Prohibited partisan political activity has adverse effects

not only on public service but also on the preservation of the
sanctity of the right to vote.

DEPARTMENT OF EDUCATION
 STATUTORY PROHIBITION:
PARTISAN POLITICAL ACTIVITY

Administrative Code of 1987

Book V, Title I(A), Chapter 7, Section 46

Discipline: General Provisions. – (a) No officer or employee in the

Civil Service shall be suspended or dismissed except for cause as
provided by law after due process. (b) The following shall be
grounds for disciplinary action:

(26) Engaging directly or indirectly in partisan political activities by

one holding a non-political office;

DEPARTMENT OF EDUCATION
 STATUTORY PROHIBITION:
PARTISAN POLITICAL ACTIVITY

2017 Rules on Administrative Cases in the Civil Service

(RACCS)
Rule 10, Section 50.D.10

The following less grave offenses are punishable by suspension of

one (1) month and one (1) day to six (6) months for the first
offense; and dismissal from the service for the second offense:

(10) Engaging directly or indirectly in partisan political activities by

one holding a non-political office;

DEPARTMENT OF EDUCATION
 STATUTORY PROHIBITION:
PARTISAN POLITICAL ACTIVITY
Batas Pambansa Blg. 881
(Omnibus Election Code)
Section 261 (i) on Election Offenses

Intervention of public officers and employees. - Any officer or

employee in the civil service, except those holding political offices;
any officer, employee, or member or the Armed Forces of the
Philippines, or any police force, special forces, home defense
forces, barangay self-defense units and all other para-military units
that now exist or which may hereafter be organized who, directly
or indirectly, intervenes in any election campaign or engages
in any partisan political activity, except to vote or to preserve
public order, if he is a peace officer.

DEPARTMENT OF EDUCATION
 STATUTORY PROHIBITION:
PARTISAN POLITICAL ACTIVITY
OMNIBUS ELECTION CODE: PENALTIES

Section 264. Penalties. - Any person found guilty of any election offense
under this Code shall be punished with imprisonment of not less than
one year but not more than six years and shall not be subject to
probation. In addition, the guilty party shall be sentenced to suffer
disqualification to hold public office and deprivation of the right of suffrage.
xxx

DEPARTMENT OF EDUCATION
 COMELEC and CSC Joint Circular No. 001,
Series of 2016 dated March 29, 2016

ACTIVITIES COVERED BY THE PROHIBITIONS

In accordance with Section 1, Paragraph 4 of COMELEC

Resolution No. 10049 (promulgated 01 February 2016), an
“election campaign” or “partisan political activity” refers
to any act designed to promote the election or defeat
of a particular candidate/s or party/ies to public office,
which includes any of the following:

DEPARTMENT OF EDUCATION
 COMELEC and CSC JC No. 001, s. 2016:
Advisory on Electioneering and Partisan Political Activity

ACTIVITIES COVERED BY THE PROHIBITIONS

a. 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;

b. 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;

DEPARTMENT OF EDUCATION
 COMELEC and CSC JC No. 001, s. 2016:
Advisory on Electioneering and Partisan Political Activity

ACTIVITIES COVERED BY THE PROHIBITIONS

c. Making speeches, announcements, or commentaries, or holding

interviews for or against the election of any candidate or party for
public office;

d. Publishing, displaying, or distributing campaign literature, or

materials designed to support or oppose the election of any candidate
or party;

e. Directly or indirectly soliciting votes, pledges, or support for or

against any candidate or party.
DEPARTMENT OF EDUCATION
 COMELEC and CSC JC No. 001, s. 2016:
Advisory on Electioneering and Partisan Political Activity
CSC Memorandum Circular No. 30 (s. 2009), citing
CSC Memorandum Circular No. 40 (s. 1998)

a. 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;

b. Receiving any contributions for political purposes, either directly or

indirectly; and

c. Becoming publicly identified with the success or failure of any

candidate/s or party/ies.

DEPARTMENT OF EDUCATION
 COMELEC and CSC JC No. 001, s. 2016:
Advisory on Electioneering and Partisan Political Activity
CSC Memorandum Circular No. 09 (s. 1992)

a. Wearing of t-shirts or pins, caps or any other similar election

paraphernalia bearing the names of candidates and/or political party
except as authorized by the Commission on Elections;

b. Being a watcher for a political party or candidate during the

election;

c. 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 with political party;

DEPARTMENT OF EDUCATION
 COMELEC and CSC JC No. 001, s. 2016:
Advisory on Electioneering and Partisan Political Activity
CSC Memorandum Circular No. 09 (s.1992)

d. Giving personal, financial or other monetary contribution, supplies,

equipment and materials for the benefit of a candidate and/or political
party;

e. Utilizing government resources such as personnel including job

orders or contract of service hirees, time and properties for political
purposes.

DEPARTMENT OF EDUCATION
 COMELEC and CSC JC No. 001, s. 2016:
Advisory on Electioneering and Partisan Political Activity
EXAMPLES PROVIDED BY JURISPRUDENCE

a. Distributing handbills/leaflets
(People vs. De Venecia, G.R No. L-20808, 31 July 1965);
b. Attendance at political meeting and caucuses
(Trinidad vs. Valle, A.M. No. 2258-CFI, 20 July 1981); and
c. Distribution of letters indicating intention to run for
public office
(Vistan vs. Nicolas, A.M. No. MTJ-87-79, 13 September 1991)

DEPARTMENT OF EDUCATION
 COMELEC and CSC JC No. 001, s. 2016:
Advisory on Electioneering and Partisan Political Activity
ACTIVITIES EXCLUDED
FROM THE PROHIBITION
a. Casting one’s vote (Quinto vs. COMELEC [2010]);
b. Expressing one’s views on current political problems or
issues (Id);
c. Mentioning the names of candidates or parties whom one
supports (Id);
d. Letters (a) to (e) of Paragraph 8 of this Joint Circular
[Activities Covered by Prohibition above], when performed
for the purpose of enhancing the chances of aspirants for
nomination for candidacy to public office by a political party
or coalition (Señeres vs. COMELEC, 2009; OEC, Section 79);
DEPARTMENT OF EDUCATION
 COMELEC and CSC JC No. 001, s. 2016:
Advisory on Electioneering and Partisan Political Activity
ACTIVITIES EXCLUDED
FROM THE PROHIBITION
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 (Id);
f. Social media functions such as “liking,” commenting,
“sharing,” re-posting, or following a candidate’s or party’s
account, unless these are resorted as a means to solicit
support for or against a candidate or party during the
campaign period.

DEPARTMENT OF EDUCATION
 COMELEC and CSC JC No. 001, s. 2016:
Advisory on Electioneering and Partisan Political Activity
PERSONS COVERED BY THE PROHIBITION
a. Members of the Civil Service in all branches, subdivisions,
instrumentalities, and agencies of the Philippine Government,
including government-owned-or-controlled corporations with original
charters, and state universities and colleges, whether their
appointments are permanent, temporary, contractual, or even casual;
b. Career officers holding political offices in an acting capacity or
officer-in-charge (OIC) capacity; and
c. Uniformed and active members of the Armed Forces of the
Philippines and the Philippine National Police;

An employee on leave of absence is still covered by the prohibition on

electioneering or partisan political activity.
DEPARTMENT OF EDUCATION
 COMELEC and CSC JC No. 001, s. 2016:
Advisory on Electioneering and Partisan Political Activity
PERSONS EXCLUDED
FROM THE PROHIBITION
The following are persons excluded from the coverage of the
prohibition against engaging in any electioneering or partisan political
activity, 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.
DEPARTMENT OF EDUCATION
 DEPED ORDER No. 48, s. 2018
November 13, 2018
Prohibition on Electioneering
and Partisan Political Activity

DepEd issued Department Order No. 48, s. 2018 reiterating

the prohibitions enumerated in the following:

1. 1987 Constitution;
2. Administrative Code of 1987;
3. COMELEC and CSC Joint Circular No. 001, Series of
2016 dated March 29, 2016

DEPARTMENT OF EDUCATION
 SELF-REGULATION

We ask ourselves: Is our loyalty to the public service?

When civil servants engage in activities crossing the lines of

separation of powers and playing partisan politics,
it is no small matter for it is the very fabric of our
democracy that is torn apart.

The realization of our aspirations as a Filipino people

lies in our own hands, in the decisions we make and actions
we take, as citizens and members of the
civil service of our country.
DEPARTMENT OF EDUCATION
Maraming salamat po.

DEPARTMENT OF EDUCATION