QuestionsQuestions (EXECUTIVE ORDER NO. 104)
To regulate the reappointment or reinstatement of government officers and employees who resign to engage in political activity—specifically to prevent circumvention of civil service rules on pernicious political activities and reduce prejudice to government service.
The practice of resigning shortly before elections to launch one’s candidacy or promote a candidate of another, with the expectation of being reappointed or reinstated if electoral outcomes are favorable to the resigned officer’s political interests.
Within three (3) months of any election, whether national or local.
For the purpose of (1) launching one’s candidacy, or (2) promoting the candidacy of another.
The officer or employee becomes ineligible for reappointment or reinstatement in the government service for a period of six (6) months after the election.
Six (6) months after such election.
Yes. It expressly covers “any election, whether national or local.”
It applies to “a government officer or employee” in the Philippine civil service who resigns within the covered period for the covered political purpose.
It is meant to prevent involving public functionaries and employees in partisan politics and to avoid circumventing and evading civil service rules prohibiting pernicious political activity.
Authority conferred 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.
No, by its express terms the resignation must occur within three (3) months of the election to trigger the six-month ineligibility.
EO 328 makes the resigning officer ineligible for reappointment or reinstatement for six (6) months after the election, regardless of whether the person or their candidate wins, as long as the resignation fits the covered facts.
To deter resignation-for-politics behavior and to reduce the incentive to reenter government service immediately after elections where political activity may have been pursued during the restricted period.
It addresses the circumvention tactic where civil service employees resign shortly before elections to avoid restrictions; EO 328 imposes a post-election reappointment/reinstatement bar to prevent that strategy from effectively bypassing the rules.
Yes. It covers “reappointment or reinstatement.” This is important because it closes the loophole where an employee might avoid the rule by seeking reinstatement instead of reappointment.