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Primary Text
Prohibition Against Appointment of New Employees, Creation of New Positions, or Giving Salary Increases. - It shall be unlawful during the period of forty-five days before a regular election and thirty days before a special election:
(1) For any head, official, or appointing officer of a government office, agency or instrumentality, whether national or local, including corporations and enterprises owned or controlled by the Government, to appoint or hire any new employee, whether provisional, temporary, or casual, or to create and fill any new position, except upon prior authority of the Commission, after due notice and hearing.
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 appointment. Any appointment or hiring in violation of this provision shall be null and void.
(2) For any government official to give or promise to give any increase of salary or remuneration or privileges to any government official or employee, including those in government-owned or controlled corporations.
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