Title
Regulating Reappointment Post-Political Resignations
Law
Executive Order No. 328
Decision Date
Feb 19, 1941
Manuel L. Quezon's Executive Order No. 328 prohibits government officers and employees from being reappointed or reinstated for six months after resigning to engage in political activities within three months of an election, aiming to curb partisan politics in the civil service.
A

Authority and Legal Basis

  • The authority for the order is derived from section 661(f) of the Revised Administrative Code as amended by Commonwealth Act No. 177.
  • The order is issued upon the recommendation of the Commissioner of Civil Service and the Secretary of the Interior.

Scope of the Order

  • Applies to all government officers and employees in the Philippine civil service.
  • Covers resignations made within three months of any election, whether national or local.
  • Resignations must be for the purpose of launching candidacy or promoting the candidacy of another.

Key Provisions

  • Any government officer or employee who resigns for the above-stated reasons is ineligible for reappointment or reinstatement.
  • The ineligibility period lasts for six months after the election.

Rationale and Policy Considerations

  • To prevent the manipulation of civil service positions for electoral advantage.
  • To uphold the integrity and neutrality of the government service.
  • To enforce existing civil service rules against political participation by public employees.

Implementation

  • The order was signed by the President of the Philippines, Manuel L. Quezon, on February 19, 1941.
  • It mandates that civil service officials must comply strictly with the prohibition on partisan political activity surrounding elections.

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