SBN-1045 - Senate

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Title 111 - Prohibitions
Chapter I. Limitation on Appointments
SEC. 210. Appointment of Elective Officers. - Except as provided for in Ihe
Constitution, no elective officer shall be eligible for appointment or designation in
capacity to any public office or position during his/her tenure.
SEC. 211. Candidate Who Lost in an Election.. - No candidate who lost in any
election shall, within one (1) year after such election, be appointed in any capacity to
any office in the government or any state university and college, government-owned
and-controlled corporations with original charters or created under special laws, and
local government units, Neither can they be hired within the same period as consultants
or under contracts of services/job orders in said entities.
SEC. 212. Resignation Before Election. - A person who resigned from the
service within three (3) months before any election could engaged in any political
activity shall not be eligible for re-employment in the government during the six month
period foil owing such election.
SEC. 213. Prohibition Against Holding Another Office ore Employment. , -
Unless otherwise allowed by law or by the primary functions of the position, no
appointive officer shall hold any other ofice or employment in the government or any
subdivision, agency or instrumentality thereof, state. universities and coll eges,
government-owned and -controlled corporations with original charters or created under
special laws, and local government units.
SEC. 214. Prohibition During Election Period. - No appointment, whether
original transfer, reemployment reappointment, renewal, promotion and demotion,
regardless of status, except in the case of reinstatement shall be issued ninety (90)
days before any national or local election except barangay and sangguniang kabataan
elections and until the assumption of the newly-elected or reelected appointing officer.
No consultancy, job order or contract of service shall also be entered into during the
said period,
However, in the exigency of the service and subject to the authority by the
Commission, the appointing authority may issue appointments after the election and
until the assumption of the newly elected or reelected appointing officer provided the
following concur:
(a) A vacancy occurred during the prohibited period;
(b) There is need to fill up the vacancy immediately in order not to prejudice
public service and/or endanger public safety;
(c) The appointee is qualified;
(c) The appointment has gone through the usual1 requirements like publication,
regular screening by the Personnel Selection Board and concurrence by the
Sanggunian, as the case may be.
All appointments issued before 3he prohibited period shall take effect
immediately, notwithstanding any provisions in the appointment to the contrary and the
appointee shall assume the’ position within thirty (30) days from issuance thereof.
Failure of the appointee to assume the posiition within said period shall make the
appointment ineffective,