January 20, 2025

Emmanuel "Manny" F. Piñol

Official Website

To post or not to post LAWYER SAYS GOV’T WORKERS FREE TO VOICE THEIR CHOICES

By Manny Piñol
Since the start of the campaign period, I have been flooded with questions from government workers and employees on whether they could post the names of their chosen candidates in the social media, “comment,” “share,” or “Like” Facebook posts.
Here are some of the frequently asked questions:
1. Can I post articles in the social media about the political candidates that I am supporting?
2. Can I secretly convince my officemates to support the candidates I am supporting?
3. Can I wear T-shirts showing the photo of the candidate I am supporting?
4. Can I be fired from my job for campaigning for a candidate?
To make sure that I would get good legal answers to these questions, I reached out to my lawyer, Israelito Torreon, dean of the Cor Jesu College Law School and soon to be the first dean of the Jose Maria College Law School in Davao City, and solicited his views on the questions.
Torreon said that there is a Joint Circular No. 1 signed by the Commission on Elections (COMELEC) and the Civil Service Commission (CSC) on the Political Neutrality of government workers and employees.
Torreon said the Joint Circular directs government workers to be neutral.
“But it does not prevent any officer or employee from expressing views on the current political problems or issues or from mentioning the names of candidates for public office whom he or she supports,” Torreon said.
“In fact, “Liking,” “Commenting,” “sharing,” and reposting articles or following a candidate’s account in the social media during the campaign will be allowed, unless this will be used to solicit support for or against a candidate or party,” he said.
So here are the questions again and the answers:
1. Can I post articles in the social media about the political candidates that I am supporting?
Answer: Yes you may for as long as it is not done in such a way that it would be perceived as trying to convince other people to vote for your candidate.
2. Can I secretly convince my officemates to support the candidates I am supporting?
Answer: You are not allowed to do that as it would fall within the definition of “electioneering.”
3. Can I wear T-shirts showing the photo of the candidate I am supporting?
Answer: Yes, you may for as long as your T-shirt does not carry messages convincing others to support your candidate.
4. Can I be fired from my job for campaigning for a candidate?
Answer: Under the Joint Circular No. 1, you may face disciplinary actions, including the filing of administrative charges against you.
Actually, the Constitutionality of Joint Circular No. 1 could be challenged before the Supreme Court as it infringes on a Filipino’s right to self expression and his political rights.
But it is better to do that under the Presidency of Rody Duterte because he himself believes that every Filipino should be free to express himself and to make his political choices known by the public.
(A philstar.com photo shows a public school teacher. Photo of Atty. Israelito Torreon downloaded from his Facebook page.)