PLAI

Statute

Administrative Code of 1987

1346 provisions · showing BOOK VII › CHAPTER 4 › RULE XVIII (9) · source

Section 1

No appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations with original charters or their subsidiaries, unless otherwise allowed by law or by the primary functions of his position.

Section 2

No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government. Pensions or gratuities shall not be considered as additional, double or indirect compensation.

Section 3

No officer or employee in the Civil Service including the members of 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.

Section 4

No laborers, whether skilled, semi-skilled or unskilled shall be assigned to perform clerical duties.

Section 5

No detail or reassignment shall be made within three months before any election.

Section 6

No appointments in the national, provincial, city and municipal government or in any branch or instrumentality thereof, including government-owned or controlled corporations with original charters shall be made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over the appointee. Unless otherwise specifically provided by law, as used in this Section, the word "relative" and the members of the family referred to are those related within the third degree either of consanguinity or of affinity. The following are exempted from the operation of the rules on nepotism: (a) persons employed in a confidential capacity; (b) teachers; (c) physicians; (d) members of the Armed Forces of the Philippines. Provided however: That in each particular instance full report of such appointment shall be made to the Commission. The restriction mentioned in the first paragraph of this Section shall not be applicable to the case of a member of any family who after his or her appointment to any position in an office or bureau, contracts marriage with someone in the same office or bureau, in which event the employment or retention therein of both husband and wife may be allowed. Cases of previous appointment which are in contravention hereof shall be corrected by transfer, and pending such transfer, no promotion or salary increase shall be allowed in favor of the relative or relatives who were appointed in violation of these provisions.

Section 7

No discrimination shall be exercised, threatened or promised against, or in favor of, any person examined or to be examined or employed, by reason of his political or religious opinions or affiliations, sex or civil status.

Section 8

* No officer or employee under administrative investigation shall be allowed to resign pending decision of his case. In case of compulsory retirement, the case shall continue to be investigated for purposes of determining the employees' entitlement to retirement benefits. The disciplinary authority shall decide the case within 90 days.

Section 9

Such other prohibitions contained in other laws on administrative matters are deemed incorporated herein.