Ex-CJ Davide on campaigning: Ban covers all government workers

CEBU, Philippines - Former Chief Justice Hilario Davide Jr. said all government employees, including the casual and temporary workers, are not allowed to directly or indirectly engage in partisan political activities even by just accompanying their favorite candidates during campaign sorties after work.

The FREEMAN sought Davide’s legal opinion about the matter, because some local officials in Cebu City believe that the casual workers are not covered by the prohibition as they are not regular workers of the government.

But the highly-respected Cebuano statesman just laughed off the wrong interpretation of law by some officials and explained that all government workers are not exempted from the prohibition and he even encouraged the aggrieved parties to bring up the issue before the courts of law to settle it once and for all.

Section 93 of the Local Government Code provides that no local official or employee in the civil service shall “engage directly or indirectly in any partisan political activity or take part in any election, initiative, referendum, plebiscite, or recall, except to vote, nor shall he use his official authority or influence to cause the performance of any political activity by any person or body.”

Cebu City South District congressional aspirant Jonathan “Atan” Guardo earlier exposed that many City Hall employees are being used by the candidates of the Liberal Party-Bando Osmeña Pundok Kauswagan (BOPK) to help them in their campaign, either as members of their campaign staff or emcees in their nightly political gatherings in the barangays.

Guardo has threatened to file charges against Mayor Tomas Osmeña, his main opponent in the congressional race, and Vice Mayor Michael Rama, the BOPK’s standard bearer, for using government workers in their campaign.

The officials of the Commission on Elections (Comelec) have warned government employees, who are involved in partisan politics, that if convicted they will be dismissed from service and could no longer be allowed to work in any government position because as public workers they should remain impartial.

This was according to Comelec Law Department head Ferdinand Rafanan.

Rafanan said that all government employees are covered by the prohibition, regardless of their status whether they are casuals, temporary or permanent.

He further explained that it doesn’t matter whether the government workers are on duty or not because still they remain government employees.

But the election officials said the right thing to do for the aggrieved parties is to initiate legal charges against the violators by either filing a case before the Civil Service Commission if the personnel involved are regular workers or to file a case in court.

Aside from the penalty of dismissal from the service, those who will be convicted of violating the election laws may also face imprisonment of not more than six years, but it will not be subject to probation.

The law does not prohibit government workers from expressing their views on current issues or from mentioning the names of certain candidates whom they support, but it should not encourage others to support their choices or doing it during the political gatherings of certain candidates.

Davide said that the only defense of the employees once they will be caught engaging in partisan politics is that they will execute affidavits that they were just compelled by certain government officials to join the political campaign.

A City Hall official said “Wala man na sila sugoa, kagustohan g’yod na nila kay mobawos sila sa nagpasulod nila sa trabaho.”

Guardo earlier exposed that some City Hall workers were acting as emcees during the BOPK’s campaign sorties in the barangays.

Others also accompany the politicians in the sorties as a way of thanking them for getting them employment.

Vice Mayor Michael Rama had already issued an order not to allow City Hall employees to act as emcees of their nightly pulong-pulong.

The 1987 Constitution and the Omnibus Election Code expressly prohibits the civil service officers and government employees from engaging in any form of electioneering or partisan political activity, but still the government workers may still campa ign for their candidates, but they should take a leave from their jobs. — /NLQ   (FREEMAN NEWS)