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Reminders on Conduct of DepEd

Officials and Staff During Elections


Professor Emeritus Leonor Magtolis Briones
Secretary, Department of Education
Philippines

January 22, 2019


One Esplanade, Mall of Asia Complex, Pasay City, Metro Manila
Constitutional Provision

Article IX –B, Section 2(4)


1987 Philippine Constitution

No officer or employee in the civil


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

DEPARTMENT OF EDUCATION 2
Administrative Code of 1987
Book V, Title 1(A), Chapter 8, Section 55

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: 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.

DEPARTMENT OF EDUCATION 3
COMELEC-CSC Joint Circular No. 001 s. 2016
Joint COMELEC-CSC Advisory on Electioneering & Partisan Political
Activities

Issued to advise and remind all officers and


employees of the Philippine Government,
including any of its agencies, subdivisions and
instrumentalities, of the constitutional, statutory
and other regulatory prohibitions against
engaging in any electioneering or partisan
political activities.

DEPARTMENT OF EDUCATION 4
DepEd Order No. 48 s. 2018: Prohibition on
Electioneering and Partisan Political Activity

All DepEd officials (including third level officials),


teaching and nonteaching personnel, are
prohibited from engaging in any
electioneering or partisan political activity,
and are prohibited from using their position
of authority to influence teaching and/or
nonteaching personnel under their
supervision or jurisdiction to support any
preferred candidate or political party.

DEPARTMENT OF EDUCATION 5
DepEd Order No. 48 s. 2018:
Prohibited Activities
• 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;
• 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;
• Making speeches, announcements, or commentaries, or holding interviews for or against the election of
any candidate or party for public office;
• Publishing, displaying, or distributing campaign literature, or materials designed to support or oppose the
election of any candidate or party;
• Directly or indirectly soliciting votes, pledges, or support for or against a candidate or party;
• 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;
• Receiving any contributions for political purposes, either directly or indirectly;
• Becoming publicly identified with the success or failure of any candidate/s or party/ies;
• Wearing of t-shirts or pins, caps or any other similar election paraphernalia bearing the names of the
candidates or political party except as authorized by the Commission on Elections;
• Being a watcher for a political party or candidate during the election;
• 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 political party;
• Giving personal, financial or other monetary contributions, supplies, equipment and materials for the
benefit of a candidate and/or political party;
• Utilizing government resources such as personnel, including job order or contract of service hirees, time,
and properties for political purposes;
• Distributing handbills/leaflets;
• Attendance at political meetings andDEPARTMENT
caucuses; andOF EDUCATION 6
Political Neutrality and
Transfer and Movement of
Officials

7
RA No. 6713: Code of Conduct and Ethical Standards for
Public Officials and Employees

Political neutrality. - Public officials


and employees shall provide service
to everyone without unfair
discrimination and regardless of party
affiliation or preference.

DEPARTMENT OF EDUCATION 8
Supreme Court Decisions on
Separation of Powers
Belgica, et al. vs. Executive Secretary


(G.R. Nos. 208566, November 19, 2013)

The principle of separation of powers refers to the constitutional


demarcation of the three fundamental powers of government. In the
celebrated words of Justice Laurel in Angara v. Electoral Commission,* it
means that the "Constitution has blocked out with deft strokes and in bold
lines, allotment of power to the executive, the legislative and the judicial
departments of the government." To the legislative branch of government,
through Congress, belongs the power to make laws; to the executive
branch of government, through the President, belongs the power to enforce
laws; and to the judicial branch of government, through the Court, belongs
the power to interpret laws. Because the three great powers have been, by
constitutional design, ordained in this respect, "each department of the
government has exclusive cognizance of matters within its jurisdiction, and
is supreme within its own sphere."

*G.R. L-45081 (1936) as cited in Belgica, et al. vs. Executive Secretary


DEPARTMENT OF EDUCATION 9
Belgica, et al. vs. Executive Secretary
(G.R. Nos. 208566, November 19, 2013)


The principle of separation of powers and its concepts of
autonomy and independence stem from the notion that the
powers of government must be divided to avoid
concentration of these powers in any one branch; the
division, it is hoped, would avoid any single branch from
lording its power over the other branches or the citizenry. To
achieve this purpose, the divided power must be wielded by
co-equal branches of government that are equally capable
of independent action in exercising their respective
mandates. Lack of independence would result in the
inability of one branch of government to check the arbitrary
or self-interest assertions of another or others.

DEPARTMENT OF EDUCATION 10
Belgica, et al. vs. Executive Secretary
(G.R. Nos. 208566 & 209251)


Broadly speaking, there is a violation of the separation of
powers principle when one branch of government unduly
encroaches on the domain of another. US Supreme Court
decisions instruct that the principle of separation of powers
may be violated in two (2) ways: firstly, "one branch may
interfere impermissibly with the other’s performance of its
constitutionally assigned function"; and "alternatively, the
doctrine may be violated when one branch assumes a
function that more properly is entrusted to another." In other
words, there is a violation of the principle when there is
impermissible (a) interference with and/or (b) assumption of
another department‘s functions.

DEPARTMENT OF EDUCATION 11
Araullo, et al. vs. Aquino III, et al.
(G.R. Nos. 209287, February 3, 2015)


As clarified in Endencia and Jugo v. David*:

Under our system of constitutional government, the


Legislative department is assigned the power to make and
enact laws. The Executive department is charged with the
execution of carrying out of the provisions of said laws.


*Nos. L-6355-56, 93 Phil. 696 (1953) as cited in Araullo, et al. vs. Aquino III, et al.

DEPARTMENT OF EDUCATION 12
Separation of Powers

The relationship between legislature


and executive is “advice and consent”.
Either branch might give advice but
the other branch may or may not give
consent.

DEPARTMENT OF EDUCATION 13