QuestionsQuestions (EXECUTIVE ORDER NO. 328)
It aims to prevent officers and employees from resigning shortly before elections to engage in partisan politics (either for their own candidacy or to support others), with the expectation of being reappointed if they lose or even after partisan campaigning—thereby protecting the civil service from political influence and circumventing civil service rules on pernicious political activity.
It regulates the reappointment or reinstatement of government officers and employees who resign within three months of any election, whether national or local, for the purpose of launching their candidacy or promoting the candidacy of another.
The ineligibility period begins after the election and lasts for six (6) months after such election, provided the resignation occurred within three (3) months prior to the election.
Yes. It explicitly covers any election, whether national or local.
A person who resigns within three months of the election for the prohibited political purpose is ineligible for reappointment or reinstatement for six months after the election.
The covered purposes are: (1) launching the employee’s own candidacy, and/or (2) promoting the candidacy of another.
It seeks to prevent government personnel from being involved in partisan politics and from avoiding civil service rules that prohibit pernicious political activity by civil service employees.
It states that some civil service officers/employees resign shortly before elections to run or promote others’ candidacies, expecting reappointment to the same or higher positions if the election outcome is favorable to their prospects.
It was issued by virtue of the authority conferred upon the President by Section 661(f) of the Revised Administrative Code, as amended by Commonwealth Act No. 177, upon recommendation of the Commissioner of Civil Service and the Secretary of the Interior.
It means the concerned officer or employee cannot lawfully be appointed back into the government service (either through reappointment or reinstatement) during the six-month period after the relevant election.
Based on the text, the key trigger is resignation “within three months” of the election. If the resignation is outside that three-month window, EO 328’s specific six-month ineligibility provision would not apply by its express terms.
No, on the text’s terms. EO 328 applies when the resignation is “for the purpose of launching his candidacy or of promoting the candidacy of another.” If the resignation lacks that political purpose, EO 328’s prohibition would not be triggered.
EO 328 is intended to address the circumvention of civil service prohibitions on pernicious political activity by using resignation as a workaround to later obtain reappointment.
The Executive Order states it was issued upon recommendation of the Commissioner of Civil Service and the Secretary of the Interior.
Six months (6) counted from the date of the election after which the resignation occurred within the prohibited three-month period.
Students may analyze: (1) whether the resignation occurred within three months prior to the election; (2) whether it was for candidacy or promotion of another’s candidacy; and (3) if both are satisfied, conclude the person is ineligible for reappointment/reinstatement for six months after the election.