Republic ofthe Pippinos DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT [LENEFELEOM Cone EDS Quzn Aen es Tr, Guz Cy sv a 90 19 SEP Zig ct MS. REGINA GINA GATAL-BASTES ILG OPINION NO. 68 5, 208, MLGOO DILG-Region VI Municipatity of Loay Province of Bohol Dear Ms. Gatal-Bastes: This pertains to your letter dated 25 April 2018, seeking legal opinion from the Central Office on whether or not job order employees are covered under Section 4 of Commission on Elections (COMELEC) Resolution No, 8678! and considered a8 holding public office or position and shall be considered ipso facto resigned upon filing of their Certificates of Candidacy (COC). Pursuant to Section 4(a) of COMELEC Resolution No. 8678, any person holding a public appointive office or position including active members of the Armed Forces of the Philippines, and other officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his coc. Since COS/}Os are not appointive officials, this level is of the considered view that the above-mentioned provision of the COMELEC Resolution is not applicable to them, ‘Thus, they are still entitled co their salaries for services rendered after filing of their Certificate of Candidacy (COC). However, on the assumption that they won and duly elected, we believe that Section 8, Article IX(B) of the Philippine Constitution should be applied, to wit: “Section 8. No elective or appointive public officer or employee shall receive additional, dauble 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. ? Entitled, “Guidelines on the filing of Certificate of Candidacy and Nomination of Official Candidates of Registered Political Parcies in Connection With the May 10, 2010 National and Local Elections”Pensions or gratuities shall not be cansidered as additional, double, or indirect compensation.” Although services rendered under Job Order contracts are not coumed as government services as there is no employer-employee relationship created between the government and the job order employee, still, itis considered “working in the government” Hence, to allow job orders and contracts of services as exemption would be to indirectly permit an act that is directly prohibited by the Constitution on double compensation. It would be an interpretation that collides with the spirit and the intention of the prohibition, ‘What is directly prohibited cannot be indirectly permitted. If such interpretation and practice is tolerated, the prohibition can be so easily evaded, as if no qualified other persons were available, therefore qualifying for a job order basis hiring? Lastly, the compensation received out of the contract is sourced from government funds, thus, technically, receiving double compensation from the government which is proscribed? ‘We hope to have guided you on the matter. Very truly yours, By Authority of the Secret: ae a ane Undersecretary q CC: Dir. LeocadioT.Trovela Regional Director DILG-Region VII ‘Sudlon, Lahug, Cebu City ae t ? Montero vs. Cloribel, CA-GR. SP No, 154605, dated 28 June 2016 * Field favestigation Office vs. Josephine H. Abplocin” drrborad ne OMB A 17 a4a9