Regulating Reappointment Post-Political Resignations

The President issues Executive Order No. 328 under Section 661 (f) of the Revised Administrative Code, as amended by Commonwealth Act No. 177.
The issuance is made upon recommendation of the Commissioner of Civil Service.
The issuance is made upon recommendation of the Secretary of the Interior.

The order targets a practice where civil service officers or employees resign shortly before elections to launch their candidacies or promote others’ candidacies.
The order addresses the understanding that unsuccessful candidates and those who supported candidates may seek reappointment to the same or higher government positions.
The order declares the practice prejudicial to government service because it involves public functionaries and employees in partisan politics.
The order states the practice circumvents and avoids civil service rules and regulations prohibiting pernicious political activity by civil service employees.

Executive Order No. 328 applies to any government officer or employee who resigns to engage in political activity.
The resignation must occur within three months of any election.
The election covered includes any election, whether national or local.
The resignation must be for the purpose of either (a) launching the officer or employee’s candidacy or (b) promoting the candidacy of another.

Executive Order No. 328 establishes that a covered officer or employee is ineligible for reappointment or reinstatement in the government service.
The ineligibility period runs for six months after such election.
The ineligibility applies regardless of whether the purpose of resignation was to run for elective office or to work for another person’s candidacy.

Ineligibility is measured from the date of the election (“after such election”).
Reappointment or reinstatement is prohibited during the full six-month period following the election.
The order links the restriction directly to the time of resignation (within three months before the election) and the political purpose of the resignation.