Resolution No. 7789

WHEREAS, election is the embodiment of the popular will and the expression of the sovereign power of the people, which every democratic society holds sacred;

WHEREAS, the Commission on Elections is tasked with the enforcement and administration of all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall elections;

WHEREAS, in carrying out their tasks of enforcing and administering election laws and ensuring free, orderly and honest elections, COMELEC personnel shall be guided by the highest standard of integrity, honesty, accountability, impartiality and transparency;

WHEREAS, there is a need to adopt norms of conduct that are most appropriate to COMELEC personnel because of the distinctive and exacting nature of their duties and responsibilities;

WHEREAS, these norms of conduct shall conform to the provisions of Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees,?

NOW, THEREFORE, the Commission, by virtue of the powers vested in it by the Constitution of the Philippines and the Omnibus Election Code, RESOLVED to promulgate, as it hereby PROMULGATES this

SECTION 1. Coverage. This Code of Conduct and Ethical Standards for COMELEC Personnel shall apply to all incumbent personnel working in the Commission on Elections. Former COMELEC personnel are subject to the provisions of Sections 3(c) and 4 of this Code.

SECTION 2. Definition of terms. As used in this Code, the following shall mean:

1. COMELEC Personnel any official or employee working in the Commission on Elections holding a permanent or temporary appointment which may either be co-terminus, confidential, contractual or casual.


2. Gift a thing or a right disposed of gratuitously, or any act of liberality in favor of another who accepts it and shall include a simulated sale or an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for a favor from a COMELEC official or employee in relation to his job.


3. Receiving any Gift includes the act of accepting, directly or indirectly, a gift from a person other than a member of his family or relative as defined in this Code even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, if the gift is given in anticipation of, or exchange for a job-related favor.


4. Conflict of Interest A conflict of interest arises when:
1. The ability of a COMELEC employee to be objective and independent in his judgment in performing his official duties and functions is tainted or reasonably appears to be tainted with partially or bias for whatever cause or causes.


2. The business or other financial and material interest of a COMELEC personnel or his relative will be unduly benefited by reason of his official act.
5. Relative any and all persons related to a COMELEC official or employee within the third civil degree of consanguinity or affinity.


6. Financial and Material Interest pecuniary or proprietary interest by which a person will gain or lose something. (Paragraph 21, Section 52, Revised Uniform Rules on Administrative Cases in the Civil Service)


7. Confidential Information information not yet made a matter of public record whether relating to a pending case or administrative matter, including notes, drafts, research papers, internal discussions, internal memoranda, records of internal deliberations, and similar papers made or done by the Commission, sitting en banc or in division, or by any of its officials.

The notes, drafts, research papers, internal discussions, internal memoranda, records of internal deliberations and similar papers that the Chairman or a Commissioner uses in drafting a decision, resolution or order shall remain confidential even after the said decision or resolution is promulgated or said order is issued.

Section 3. Norms of Conduct for COMELEC Personnel. All COMELEC personnel shall observe the following standards of conduct in the discharge and execution of their official duties and responsibilities:

a) Independence and Political Objectivity. Independence from political pressure, influence or external control to ensure the conduct of credible and honest elections in order to uphold the will of the electorate. A COMELEC personnel must, therefore, at all times, protect the influence of politicians, political parties, groups or associations. He shall not:

1. Engage, directly or indirectly, in any partisan political activity as defined under Sec. 79 (b) of Batas Pambansa 881.


2. Involve himself as an officer or member of, or have a direct or indirect interest, material or otherwise, in any political party, sector or group organized for partisan political ends.


3. Solicit, receive or accept any gift, favor or benefit from any person or political party or group in exchange for anything done or to be done or not to be done or which would influence or reasonably appear to influence him in the performance of his official duties and responsibilities.


4. Accept employment or consultancy or receive other fee, remuneration or allowance from any other agency or office, whether private or public, unless otherwise allowed by law or by the COMELEC rules and regulations.


5. Act, directly or indirectly, as a lawyer of, or recommend a private attorney to a candidate, political party or group, litigant, prospective or otherwise, or anyone officially transacting or dealing with the Commission.

b) Protection and Preservation of the Integrity of Election, Results, Election Documents, Forms and Paraphernalia. Every COMELEC personnel shall protect, preserve and maintain inviolate the integrity of the election, its results and all election forms, documents and paraphernalia, which he keeps in custody as part of his work. Except in accordance with law and the rules and regulations of the Commission, he shall not:

1. tamper, change, modify or alter, in whatever manner and form, the result of the election;


2. increase or decrease the number of voters in the list of book of voters; or


3. provide election document, form and paraphernalia, or make it available to any person for any consideration.

c) Confidentiality. A COMELEC personnel shall maintain the confidentiality of any classified information acquired by him by reason of this office.

1. He shall not divulge to an unauthorized person any confidential information acquired by him during his employment, whether such information came from authorized or unauthorized sources.


2. Confidential information available to specific COMELEC personnel by reason of a statute or an administrative policy shall be disclosed only by the personnel duly authorized to do so.


3. Unless expressly authorized by the designated authority, he shall not disclose any confidential information given by any person transacting with the Commission either as a litigant, witness or a lawyer or in any other capacity.


4. Former COMELEC personnel shall not disclose confidential information acquired by him during his employment in COMELEC when such disclosure of the same information, if made by an incumbent COMELEC personnel, would constitute a breach of confidentiality. Any act in violation of this provision shall constitute indirect contempt.

d) Avoidance of Conflict of Interest.A COMELEC personnel shall avoid any conflict of interest in the performance of his official duties and responsibilities.

1. He shall immediately disclose in writing to his immediate superior when any of his relatives, as defined in this Code, files a certificate of candidacy or becomes an officer of a political party, sector or organization which will participate in an election or other political exercises.


2. Except for his employment contract with COMELEC, he shall not, directly or indirectly, enter into any contract with the Commission for services or lease or sale of property or commodity. Neither shall he use his position to favor any relative in securing any contact with COMELEC.


3. He shall not participate in any official action involving a party with whom either he or his relative is negotiating a transaction such as, but not limited to, future employment.


4. He shall not solicit or accept directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person who has a transaction with COMELEC.


5. He shall not knowingly permit his staff or any person under his influence, direction or authority to ask for accept any gift, bequest, loan or favor in relation to anything done or to be done or not to be done in connection with his duties and responsibilities. However, a COMELEC officer or employee may receive a token, gift, award or benefit appropriate to the occasion which it is made provided, that such gift, award or benefit shall not be reasonably perceived as intended to influence the officer or employee in the performance of his duties and responsibilities or otherwise give rise to an appearance of partiality or impropriety.


6. He shall neither employ nor let any person use the prestige of his office to advance his private interest or those of his relative or anyone else.


7. He shall not convey or permit others to convey the impression that anyone is in a special position to influence him in the performance of his duties and responsibilities.

To ensure compliance with the provisions of this subsection on Conflict of Interest, a COMELEC personnel who has the authority to enter into or approve any contract for the Commission shall file a financial disclosure statement with he designated authority at the beginning and upon termination of employment in such position, and annually while so employed therein. Such disclosure shall follow the guidelines established by the designated authority and shall include all sources of personal and business income, including investments in personal or real property, as well as the income received by his spouse or dependent children.

e) Commitment to Public Interest and Service. COMELEC personnel shall always uphold public interest over and above personal interest. He shall abide with his constitutional duty of enforcing and administering all laws and regulations related to election, plebiscite, initiative, referendum and recall election and upholding the sovereign will of the people, with honor and dedication, imbued with the ideals of good governance and commitment to excellence.

A COMELEC personnel shall:

1. Observe his work-hour schedule and shall carry out the tasks entrusted to him with diligence and efficiency.


2. Limit his absence from his place of work and tardiness in reporting for duty to those that the strictly necessary and with prior authority, except in case of illness.


3. Except for justifiable reason, not postpone the performance of his official function or in making a decision in relation to his official duties.


4. Use the resources, property and funds under his official custody solely in accordance with the prescribed statutory and regulatory guidelines or procedures.


5. Respond to letters, telegrams or other communications sent by the public to him by reason of his office within fifteen (15) working days from receipt thereof. The reply must contain the action taken thereon.


6. Attend to any person who wants to avail of the services of his office and must, at all times, act promptly, courteously and expeditiously on ant request, complaint or other transaction pending therein.


7. Act promptly and efficiently on any task assigned to him by his superior and shall finish the same within the period provided therefore.


8. Not engage in the private practice of his profession unless authorized by law or by COMELEC rules and regulations. The authority to engage in the private practice of law, notarial services or to teach may be granted provided the following requirements are present:

1. Authority to Practice Law:
1. COMELEC lawyers shall secure written authority from the Commission En Banc through the Commissioner-In Charge for a limited authority to practice the law profession upon recommendation by the Regional Election Director concerned. The request for authority to practice law shall indicate the parties involved, the party represented by the applicant, the court/body/tribunal where the case is pending and the matter in dispute;


2. The absences, for court appearances, shall be covered by duly approved vacation leaves and pass slips, the period of which shall be deducted from the lawyer?s accumulated vacation leave credits;


3. It shall not be in representation of a client whose cause of action is against the government;


4. It shall not involved the use of government funds or property;


5. It shall not impair the lawyer?s efficiency in the discharge of his/her regular functions in the office;


6. It shall be subject to the provisions of R.A. No. 6713 and such other relevant Civil Service Laws and Rules;


7. The lawyers can appear only in courts of law, offices of the State Prosecutors (Department of Justice), Office of the Ombudsman and quasi-judicial agencies decisions of which are rendered by presidential appointees;


8. Authority is for one year subject to renewal after review of the lawyer?s office performance as determined by the immediate supervisor;


9. Lawyers concerned shall submit a report of cases to be handled and the number of hours involved therein; and


10. Provided, that the Commission reserves the right to revoke the said authority anytime.
2. Authority to Engage in Notarial Services:
1. The permit shall be limited to notarial work;


2. COMELEC personnel shall pay professional tax;


3. He shall not perform notarial work during office hours or use supplies, stationery and equipment in connection therewith;


4. The performance of the notarial service shall neither impede nor impair the performance of his official duties and responsibilities; and


5. The permission may be revoked anytime.
3. Authority to Teach:


1. It shall not entail any conflict of interest insofar as the functions of the Commission is concerned;


2. His teaching activities shall neither be performed during office hours nor entail the use of government funds, office supplies, stationery and equipment;


3. It shall not impair the employee?s efficiency in the discharge of his regular functions in the office, and absences incurred, it any, shall be covered by duly approved leave; and


4. The permission may be revoked anytime.

f) Professionalism. A COMELEC personnel shall perform and discharge his official duties and responsibilities with the highest degree of excellence, professionalism, intelligence and skill and with utmost devotion and dedication to duty.

1. He shall devote his professional activity to his duties which include not only the performance of his official functions and responsibilities but also other tasks relevant to the proper operations of his office.


2. He shall strive to achieve the highest professional competence and further enhance his knowledge, skills and personal qualities necessary for the proper, efficient and effective performance of his duties and responsibilities, taking advantage for this purpose the training and other facilities which should be made available by the Commission.


3. He shall avoid impropriety or any appearance of impropriety by observing high standard of conduct to preserve the integrity and independence of the Commission.


4. He shall adhere and respect existing laws pertaining to professional work conduct.


5. He shall abstain from scandalous, offensive or menacing language or behavior at all times when dealing with co-employees and the public.


6. He shall not use his official position to secure unwarranted benefits, privileges or exemptions for him or for others;

g) Simple Living All COMELEC personnel and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.

Section 4. Other Prohibited Act. In addition to the acts proscribed in this Code, a former COMELEC personnel who is a member of the Philippine Bar cannot practice his profession in connection with any case pending before the Commission during his employment therein, and within one (1) year after his resignation, retirement or separation there from. Violation of this provision shall constitute indirect contempt.

Section 5. Incorporation of Other Rules All pertinent provisions of law, Civil Service rules and regulations, Republic Act No. 6713, Omnibus Election Code and resolutions and orders issued by the Commission en banc governing or regulating the conduct of COMELEC officers and employees are deemed incorporated and the penal provisions thereunder are hereby adopted as internal part of this Code.

In case of conflict between the provisions of this Code and other pertinent laws, the latter shall prevail.

Section 6. Separability Clause. If any provision of this Code is held invalid for being unconstitutional or contrary to law, the remaining provisions shall remain valid and effective.

Section 7. Effectivity. This code shall take effect fifteen (15) days after its publication in a newspaper of general circulation.