DIR. MYRA B.

MORAL-SORIANO, CESO V
Provincial Director
DILG, Pampanga
Capitol Compound, City of San Fernando
Pampanga

Thru: MS. MIRIAM PERILLA

LGU San Simon MLGOO

Dear DIR. Moral-Soriano,

I hope this letter finds you in good health. I am writing in connection with the Memorandum
served by the DILG last September 22, 2023 with the subject “IMPLEMENTATION OF THE
DECISION DATED JANUARY 20, 2023 OF THE OFFICE OF THE DEPUTY OMBUDSMAN FOR
LUZON IN OMB-L-A-21-0115 ENTITLED “REYMUNDO P. ALMARIO, ET. AL., VS. ABUNDIO S.
PUNSALAN JR” which has a dispositive portion of which states: “WHEREFORE, judgment is
rendered finding respondent ABUNDIO S. PUNSALAN, JR. administratively liable for Simple
Neglect of Duty and Simple Misconduct and meted the penalty of SIX (6) MONTHS
SUSPENSION FROM SERVICE, pursuant to Section 10, Rule III, Administrative Order No. 07
(April 10, 1990), as amended by Administrative Order No. 17 (September 15, 2003), in
relation to Section 25 of RA 6770.

The absence of Mayor Abundio S. Punsalan Jr. due to his suspension headed Hon. Ryan V.
Velasquez to be the Acting Mayor of San Simon for six (6) months. In this regard, they are
instructing the Human Resources Management Office to send a memorandum/letter to all the
existing Job Orders to submit their courtesy resignation and send a re-application letter.

Comelec RESOLUTION No. 6456 ENFORCEMENT OF THE PROHIBITION AGAINST APPOINTMENT

OR HIRING OF NEW EMPLOYEES; CREATION OR FILLING UP OF NEW POSITIONS; GIVING SALARY
INCREASES; TRANSFERRING/DETAILING CIVIL SERVICE EMPLOYEES; AND SUSPENSION OF
ELECTIVE LOCAL OFFICIALS IN CONNECTION WITH THE MAY 10, 2004 SYNCHRONIZED
NATIONAL AND LOCAL ELECTIONS states that Sec. 261 of the Omnibus Election Code of the
Philippines provides:

- The following shall be guilty of an election offense:

"(g) Appointment of new employees, creation of new position, promotion, or giving

salary increases - During the period of forty five (45) days before regular election and
 thirty days before a special election, (1) any head, official or appointing officer of a
government office, agency or instrumentality, whether national or local, including
government-owned or controlled corporations, who appoints or hires any new
employee, whether provisional, temporary or casual, or creates and fills any new
positions, except upon prior authority of the Commission. The Commission shall not
grant the authority sought unless, it is satisfied that the position to be filled is essential
to the proper functioning of the office or agency concerned, and that the position shall
not be filled in a manner that may influence the election.

"As an exception to the foregoing provisions, a new employee may be appointed in case
of urgent need: Provided, however, That notice of the appointment shall be given to the
Commission within three days from the date of the appointment. Any appointment or
hiring in violation of this provision shall be null and void.

Civil Service Commission Policy Guidelines for Contract of Services RESOLUTION NO.
020790 states that under Section 1. Definitions. The terms hereunder shall be construed, as
follows:

a. Individual Contract of Services/ Job Order - refers to employment described as follows:

1. The contract covers lump sum work or services such as janitorial, security, or consultancy
where no employer- employee relationship exists between the individual and the government;

2. The job order covers piece work or intermittent jobs of short duration not exceeding six
months and pay is on a daily basis;

3. The contract of services and job order are not covered by Civil Service law, rules, and
regulations, but are covered by Commission on Audit (COA) rules;

4. The employees involved in the contract or job order do not enjoy the benefits enjoyed by
government employees, such as PERA, ACA, and RATA.

5. Services rendered thereunder are not considered government service

The Human Resources Management Office would like to humbly seek DILG’s legal opinion and
clarification on the abovementioned instruction of the Acting Mayor if such action can legally
be implemented by the Human Resources Management Office during the Election Ban period
considering the Comelec RESOLUTION No Sec. 261. and 6456 CSC RESOLUTION NO. 020790
Section 1 provisions.
We are looking forward to hearing from you for proper guidance regarding the Job Order
concern for advising them to submit courtesy resignation letter, re application letter, hiring and
appointing of new Job Orders during this Election Ban period.

Thank You and God Bless.

Sincerely yours,

APRIL G. ESMAS
MGDH I (HRMO)