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Comelec Resolution 8737 Imposes Certain Prohibitions Relative To Coming Elections

TO EFFECTIVELY implement the provisions of Section 261, particularly subsections (g), (h) and (x) of the Omnibus Election Code, the Commission on Elections promulgated Resolution No. 8737 to enforce certain prohibitions relative to the May 10, 2010 national and local elections.

Section 1A of the said Resolution states that during the election period from January 10, 2010 to June 9, 2010, no public official, except upon prior written authority of the Commission: make or cause any transfer or detail whatsoever of any officer or employee in the civil service, including public school teachers; suspend any elective provincial, city, municipal or barangay officer, unless the suspension will be for purposes of applying the “Anti-Graft and Corrupt Practices Act”.

Beginning March 26, 2010 until May 10, 2010, no head or appointing officer of any national or local government office, agency or instrumentality, including government-owned and controlled corporations shall appoint or hire any new employee, whether permanent, provisional, temporary, substitute or casual; or create and fill any new position.

It imposes a total ban on the promotion or increase in salary, giving of remuneration or privilege to any government official or employee.

The Civil Service Commission is mandated to report any violation of said provisions of the Omnibus Election Code.

Any violation of the provisions of this resolution shall constitute an election offense and shall be punishable by imprisonment of not less than one (1) year but not more than six (6) years, among other penalties provided by law.