ELEKSYON 2025
By JOAHNA LEI CASILAO, GMA Integrated News
Former Bayan Muna Party-List representative Ferdinand Gaite and government workers group president Santiago Dasmariñas on Friday asked the Supreme Court to declare a memorandum prohibiting government employees from participating in partisan political activities as unconstitutional.
In a 28-page petition, Gaite and Dasmariñas of the Confederation for Unity, Recognition, and Advancement of Government Employees (Courage) asked the SC to declare Civil Service Commission Memorandum Circular 03-2025 and the Comelec-CSC Joint Circular 001-2016 as unconstitutional and void.
They also sought a temporary restraining order and/or writ of preliminary injunction pending the resolution of the petition.
The circular prohibits government personnel from participating in partisan political activities posts during the campaign period for the May 12, 2025 polls.
“Ang tingin namin, government employees may right to freedom of expression. Kung tingin niya ‘yung kandidatong ‘yan deserving na mamuno sa bansa natin, as a citizen may kaparatan siya na mag express niyan,” Atty. Neri Colmenares, the petitioners’ legal counsel, said in an ambush interview.
(We believe that government employees have the right to freedom of expression. If they think that candidate is deserving to lead our country, then as a citizen, they have the right to express that.)
“Pangalawa, may karapatan din siya na mag assemble, assembly, or kaya umattend ng rally kung gusto niya basta personal time niya and outside office hours and outside government premises,” he added.
(Secondly, they also have the right to assemble or attend a rally if they want to, as long as it’s on their personal time, outside office hours, and outside government premises.)
Colmenares stressed Cabinet members and elected officials, who command government resources and funding, are not as strictly regulated.
“Fair treatment lang sa ordinary government employee… Kahit contractual ah… ire-regulate mo. Wala ngang employer-employee relationship ‘yung mga contractual na ‘yan, ‘yang mga job order na ‘yan, tapos ire-regulate mo? Habang itong sumasahod na malalaking public officials, aba’y hinahayaan sila to use their platform, their own offices for campaigning,” he said.
(We’re just asking for fair treatment of ordinary government employees… Even contractual workers are regulated. There isn’t even an employer-employee relationship for those contractuals and job order workers, and yet you’re regulating them? Meanwhile, high-ranking public officials who earn big salaries are allowed to use their platforms and even their own offices for campaigning.)
Chilling effect
Meanwhile, the petitioners said the memorandum creates a chilling effect for government employees.
“Na-feel namin ‘yung chilling effect. Nasa Batangas kami three days ago, nangangampanya. Gusto ko lang makapag picture doon sa mga empleyado ng isang agency. Alam mo sabi nila? ‘Sir, sir ‘wag na. Baka po kami kasuhan.’ So itong effect ng circular na to ay telling at very concrete,” Gaite said.
(We felt the chilling effect. We were in Batangas three days ago, campaigning. I just wanted to take a photo with some employees from an agency. You know what they said? ‘Sir, sir, please don’t. We might get sued.’ So the effect of this circular is telling—and very concrete.)
Gaite said they believe that the memorandum is “excessive and discriminatory.”
The respondents are the CSC and the Commission on Elections.
GMA News Online has sought the respondents for comment but has yet to receive a response as of posting time. —AOL, GMA Integrated News
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