limitations and prohibitions on appointment of government employees

ProhibitionsandLimitationson Appointment

Presented by: Cherry Belle Ontoy-Milagrosa, CPA

i. Limitation on Appointment

(1) No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.

Elective Officials

Not eligible for appointment in any capacity to any public office or position during his tenure.

Exception

Specifically authorized by law

i. Limitation on Appointment

(2) No candidate who has lost in any election shall, within one year after election, be appointed to any office in the Government or not government-owned or controlled corporations or in any of its subsidiaries.

One Year Ban on Appointment

a person who lost in an election except barangay election

Filing of Certificate of Candidacy

Employee is considered resigned

Even if later disqualified or has withdrawn

i. Limitation on Appointment(3) Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government on any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.

Appointive Officials

Holding multiple positions in the government and receiving double compensation

Appointive Officials

Appointive Officials

Holding multiple positions in the government and receiving double compensation

Exception

Unless otherwise allowed by law or

By the primary functions of his position

ii. Political ActivityNo officer or employee in

the Civil Service including members of the Armed Forces, shall engage directly or indirectly in any partisan political party or take part to any election except to vote.

Engaging Directly or Indirectly Partisan Political

Party

To promote the candidacy of another

To promote the defeat of a candidate

Engaging Directly or Indirectly Partisan Political

Party

ExceptionsTo voteTo express views on current political problems or issuesTo mention names of candidates for public office whom he supports

Six-month Ban on Reemployment

Employee who resigned during the 3-month period before any election

Purpose – to promote the candidacy of another

Election Ban

45 days before election:No appointment of new employeesNo creation of new positionNo promotionNo giving of salary increases

Dismissed Employees

Cannot be reemployed or appointed in government service

ExceptThose granted executive clemency

Employees who have reached the compulsory

retirement age of 65

In meritorious casesMay be extended for six (6) months

Private Practice of Profession

Written permission from the head of agency

Time devoted outside of office hours should be fixed by head of agency

God bless. Thank

you.