Comelec’s Resolution No.

10030 sought to further clarify rules covering prohibited acts and their
penalties during election season, as indicated under the Omnibus Election Code which identifies,
enumerates, and defines election offenses.

Published in the Dec. 24, 2015 print edition of thePhilippine Star, the resolution is entitled “In the
Matter Of The Enforcement Of The Prohibition Against Appointment Or Hiring Of New Employees;
Creation Or Filling Up Of New Positions; Giving Salary Increases; Transfer Or Detail Of Civil Service
Employees; And Suspension Of Elective Local Officials In Connection with The May 09, 2016 National and
Local Elections.”

Employees can only be hired and promoted and positions can only be created only “upon prior authority
of the poll body after having filed a request from the Comelec Law Department and the Office of the
Regional Election Director,” based on the resolution’s Rule II.

Requests to appoint and promote new employees and create new positions will be denied if these were
made “to influence, in any means, the results of the elections,” the resolution said. These same requests
will also be disapproved if appointments have been issued without notification and if the Commission
finds that the appointment has no “urgent nature.”

Appointment to a position is considered urgent if it “is essential to the proper functioning of the office
and has been vacated by death, retirement, resignation, promotion or transfer of the regular
incumbent.”

Similarly, appointment to a position is also considered urgent if it “has been issued sixty days from
occurrence of the vacancy; if the vacancy cannot be filled by promotion or transfer of insiders within the
same period; and that if the position shall not be filled in any manner that would influence the election,”
the resolution said.

During the election ban, the resolution also strictly forbids, any government official “to promote, or give
any increase of salary or remuneration or privilege” to any personnel or government official including
those in government-owned and controlled corporations (GOCCs).

However, several government agencies are exempt from the resolution, allowing them allowing to hire
or appoint new staff members from Mar. 25 to May 8 and to transfer offices or employees in two days
starting Jun. 8. Government offices that will enjoy the exemption are the President of the Philippines,
the Supreme Court of the Philippines, the Court of Appeals, the Sandiganbayan, the Court of Tax
Appeals, and lower courts including the Senate and Presidential Electoral Tribunals; the Philippine
National Police; and the Armed Forces of the Philippines.

Additional prohibitions issued by the Comelec are the transfer of officers and employees in the civil
service, and suspension of elective provincial, city, municipal or barangay officer, both of which covers
the period from Jan. 10 to June 8.
The Comelec itself is exempted from the resolution, thereby allowing it “to appoint, hire, fill new
positions, transfer, assign and reassign its personnel is the Commission per se in order that it can
effectively and efficiently carry out its constitutional mandate,” the resolution read.

Any person found guilty of these offenses, among others under Article 22 of the Election 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,” as stated in the Election Code.

The guilty party, in addition, shall be disqualified from holding public office and deprived the right to
vote.

Foreigners who are guilty shall be deported after the prison term has been served.

Any political party found guilty of any election offense shall pay “a fine of not less than ten thousand
pesos,” which shall be imposed upon after criminal action has been instituted in which their
corresponding party members have been found guilty. -- Janina C. Lim
January 10, 2016 (Sunday) to June 8, 2016 (Wednesday)

1. Transfer or movement of officers and employees in the civil service, including public schools
teachers (Section 261) (h), Omnibus Election Code (OEC).

March 26, 2016 (Friday) to May 8, 2016 (Sunday)

1. Appointment or hiring of new employees, creation or filling up of new positions; promotions

or giving of salary increase, renumeration or privilege. (Section 261) (g), OEC.

2. Construction of public works, delivery of materials for public works and issuance of treasury
warrant or similar devises for a future undertaking chargeable against public funds. (Section
261) (w), OEC.

3. Release, disbursement or expenditures of public funds. (Section 261) (v), OEC.

February 9 – May 7, 2016 – Campaign period for national positions

March 25 – May 7, 2016 – Campaign period for local positions