Title
Regulate reappointment post-political resignation
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.

Declared purpose and policy

  • The order targets the practice where civil service officers or employees resign shortly before elections to launch their candidacies or work for the candidacies of others.
  • The order addresses the understood expectation of being reappointed to the same or higher government positions if election results favor their candidates.
  • The order declares that the practice is prejudicial to the government service because it involves public functionaries and employees in partisan politics.
  • The order further identifies the practice as a way to circumvent civil service rules that prohibit pernicious political activity by civil service employees.

What triggers the ineligibility

  • A government officer or employee who resigns within three months of any election, whether national or local, triggers the rule.
  • The resignation must be made for the purpose of launching his candidacy or promoting the candidacy of another.
  • The covered elections include any election that is national or local.

Duration and effect of the ban

  • The government officer or employee becomes ineligible for reappointment or reinstatement in the government service.
  • The ineligibility period runs for six months after such election.
  • The ban applies after the election date referenced by the resignation within the covered pre-election period.

Legal basis and related statutory reference

  • The order is anchored on the President’s authority under section 661 (f) of the Revised Administrative Code, as amended by Commonwealth Act No. 177.
  • The order is expressly tied to the civil service framework regulating and prohibiting pernicious political activity by civil service employees.

Signatories and issuance mechanics

  • Manuel L. Quezon signed as President of the Philippines.
  • Jorge B. Vargas signed By the President as Secretary to the President.

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