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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Even if later disqualified or has withdrawn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.