D. Prohibitions.

1. Partisan political activity. No officer or employee of the civil service shall engage, directly or indirectly, in any electioneering or partisan political
campaign
[Sec. 2(4), Art. IX-B]. The Civil Service Law prohibits engaging directly or indirectly in any partisan political activity or taking part in any election except to
vote; or use official authority or influence to coerce the political activity of any person or body.
a) Armed Forces. The armed forces shall be insulated from partisan politics. No member of the military shall engage directly or indirectly in any partisan
political activity, except to vote [Sec. 5(3), Art. XVI],
i) But only active members, not those in the reserve force, are covered by the prohibition [Cailles v. Bonifacio, 124 SCRA 1],
b) The prohibition does not prevent expression of views on current political problems or issues, or mention of the names of candidates for public office
whom public officer supports.
c) Exempt from this prohibition are those holding political offices, but it shall be unlawful for them to solicit contributions from their subordinates or subject
them to any of the acts involving subordinates prohibited in the Election Code. Members of the Cabinet are, thus, exempt from this prohibition [Santos
v.Yatco, 106 Phil 745].
d) This prohibition should be distinguished from the provision of Sec.79, BP 881 which makes it unlawful for any person or any political party to engage in
election campaign or partisan political activity except during the campaign period. Under Sec. 79, BP 881, election campaign or partisan political activity
refers to an act designed to promote the election or defeat of a particular candidate or candidates to public office. If done for the purpose of enhancing the
chances of
aspirants for nomination for candidacy to a public office by a political party, etc., it shall not be considered as election campaign or partisan political activity.

2. Additional or double compensation. No elective or appointive public officer or employee shall receive additional, double, or indirect compensation,
unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office or title of any kind from any foreign
government [Sec. 8, Art. IX-B],
a) But note that pensions or gratuities shall not be considered as additional, double or indirect compensation. In Santos v. Court of Appeals, G.R. No.
139792, November 22, 2000, the Supreme Court said that this provision simply means that the retiree can continue to receive such pension or gratuity
even after he accepts another government position to which another compensation is attached. But he cannot credit his years of service in the Judiciary
(for which he now receives his pension or gratuity under RA 910) in the computation of the separation pay to which he may be entitled under RA 7924 for
the termination of his last employment. To allow this would be to countenance double compensation for exactly the same services.

3. Prohibition against loans. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly,
by any government-owned or controlled bank or financial institution to the President, the Vice President, the Members of the Cabinet, the Congress, the
Supreme Court, the Constitutional Commissions, and the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure
[Sec. 16, Art. XI].

4. Limitation on Laborers. Shall not be assigned to perform clerical duties.

8. Partisan Political Activity. No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political
campaign
[Sec. 2(4), Art. IX-B],
a) The Civil Service Law prohibits engaging directly or indirectly in any partisan political activity or taking part in any election except to vote, or to use
official authority or influence to coerce the political activity of any person or body.
But this does not prevent expression of views on current political problems or issues, or mention of the names of candidates for public office whom the
public
officer supports.
b) The military establishment is covered by this provision. Sec. 5(3), Art. XVI, provides that no member of the military shall engage directly or indirectly in
any partisan political activity except to vote. But this prohibition applies only to those in the active military service, not to reservists [Cailles v. Bonifacio, 65
Phil 328].
c) Exempt from this provision are members of the Cabinet [Santos v. Yatco, 106 Phil 745], and public officers and employees holding political offices (who
are allowed to take part in political and electoral activities, except to solicit contributions from their subordinates or commit acts prohibited under the
Election Code) [Sec. 45, Civil Service Law],

C. Armed Forces of the Philippines. The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military
training and serve, as may be provided by law [Sec. 4, Art. XVI].
1. All members of the armed forces shall take an oath or affirmation to uphold and defend this Constitution [Sec. 5(1}, Art. XVI],
2. Professionalism in the armed forces and adequate remuneration and benefits of its members shall be a prime concern of the State. The armed forces
shall be insulated from partisan politics. No member of the military shall engage directly or indirectly in any partisan political activity, except to vote [Sec.
5(3), Art. XVI].
3. No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to any civilian position in the
Government,
including government-owned or controlled corporations or any of their subsidiaries [Sec. 5(4), Art. XVI].
4. Laws on retirement of military officers shall not allow extension of their services [Sec. 5(5), Art. XVI]. 5

5. Detail or reassignment. No detail or reassignment shall be made within three months before any election without the approval of the Comelec.

f) Transfer or detail of government official/emplovee without Comelec approval. In People v. Reyes, 247 SCRA 328, it was held that the transfer or detail of
a government officer or employee will not be penalized by Sec. 261 (h), B.P. 881, if done to promote efficiency in the government service. To prove
violation, two elements must concur, viz: (i) The fact of transfer or detail within the election period as fixed by the Comelec; and (ii) The transfer or detail
was made without prior approval of the Comelec, in accordance with its implementing rules and regulations. In this case, the transfer was effected one day
before the Comelec issued Resolution No. 2333, which prescribed the rules and regulations on how to obtain Comelec approval for such transfers.
A. Provisions applicable to elective and appointive local officials.
1. Prohibited Business ana Pecuniary Interest [Sec. 89, R.A. 7160]: It shall be unlawful for any local government official or employee, directly of indirectly,
to:
a) Engage in any business transaction with the local government unit in which he is an official or employee or over which he has the power of supervision,
or with any of its authorized boards, officials, agents or attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred,
directly or indirectly, out of the resources of the local government unit to such person or firm:
b) Hold such interests in any cockpit or other games licensed by the local government unit;
cl Purchase any real estate or other property forfeited in favor of the local government unit for unpaid taxes or assessment, or by virtue of a legal process
at the instance of the local government unit;
d) Be a surety for any person contracting or doing business with the local government unit for which a surety is required; and
e) Possess or use any public property of the local government unit for private purposes.
f) The prohibitions and inhibitions prescribed in R.A. 6713 also apply.

2. Practice of Profession [Sec. 9C, R.A. 7160].

a) All governors, city and municipal mayors are prohibited from practising their profession or engaging in any occupation other than the exercise of their
functions as local chief executives.
b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except during session hours, Provided, that those
who are also members of the Bar snail not (i) appear as counsel before any court in any civil case wherein the local government unit or any office, agency
or instrumental of the government is the adverse party; (ii) appear as counsel in any criminal case wherein an officer or employee of the national or local
government is accused of an offense committed in relation to his office; (iii) collect any fee for their appearance in administrative proceedings involving the
local government unit of which he is an official; and (iv) use property and personnel of the government except when the sanggunian member concerned is
defending the interest of the government.

i) In Javellana v. Department of Interior & Local Government, 212 SCRA 475, it was held that by appearing as counsel for dismissed employees, City
Councilor Javellana violated the prohibition against engaging in private practice if such practice represents interests adverse to the government.
c) Doctors of medicine may practice their profession even during official hours of work only on occasions of emergency, provided they do not derive
monetary compensation therefrom.
i) In Javellana, the Supreme Court ruled that LGC and DILG

Memorandum Circular No. 90-81 does not discriminate against lawyers and doctors: it applies to all provincial and municipal officials.

3. Prohibition against appointment [Sec. 94, R.A. 7160],

a) No elective or appointive local official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his office, no local official shall hold any other office or employment in the government or
any subdivision, agency or instrumentality thereof, including government-owned or - controlled corporations or their subsidiaries. Relate this to Sec. 7, Art.
IX-B of the Constitution. See Flores v. Drilon, supra.
b) Except for losing candidates in barangay elections, no candidate who lost in any election shall, within one year after such election, be appointed to any
office in the government or any government-owned or -controlled corporation or their subsidiaries. Relate this to Sec. 6, Art. IX-B, of the Constitution, which
does not provide for an