Ayon sa Article IX, (B), Section 2, paragraph 4 ng ating Konstitusyon: No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.
Ayon din sa Section 261(i) ng Omnibus Election Code, “Any officer or employee in the civil service, except those holding political offices; any officer, employee, or member or the Armed Forces of the Philippines, or any police force, special forces, home defense forces, barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who, directly or indirectly, intervenes in any election campaign or engages in any partisan political activity, except to vote or to preserve public order, if he is a peace officer.”
Ang prohibition sa pangangampanya ay para panatiliin ang focus ng ating government employees sa serbisyo publiko.
Gayunman, hindi naman lahat ng activity na related sa elections ay pinagbabawal. Ayon sa Joint COMELEC-CSC Advisory on Electioneering & Partisan Political Activity, nakalista ang mga aktong pinagbabawal, at limitado ang prohibition dito:
a) Forming organizations, associations, clubs, committees, or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate/party;
b) Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate/party;
c) Making speeches, announcements, or commentaries, or holding interviews for or against the election of any candidate or party for public office;
d) Publishing, displaying, or distributing campaign literature, or materials designed to support or oppose the election of any candidate or party;
e) Directly or indirectly soliciting votes, pledges, or support for or against any candidate or party.
f) Being a delegate to any political convention, or a member of any political committee or directorate, or an officer of any political club or other similar political organizations;
g) Receiving any contributions for political purposes, either directly or indirectly;
h) Becoming publicly identified with the success or failure of any candidate/s or party/ies;
i) Wearing of t-shirts or pins, caps or any other similar election paraphernalia bearing the names of candidates and/or political party except as authorized by the Commission on Elections;
j) Being a watcher for a political party or candidate during the election;
k) Consistent presence in political rallies, caucuses of, and continuous companionship with certain political candidates and/or political party in said political activities, causing the employee to be closely identified with such candidate and/or with political party;
l) Giving personal, financial or other monetary contribution, supplies, equipment and materials for the benefit of a candidate and/or political party; at
n) Utilizing government resources such as personnel including job orders or contract of service hirees, time and properties for political purposes (distributing handbills/leaflets; attendance at political meetings and caucuses; distribution of letters indicating intention to run for public office).
Sa kabilang banda, ayon sa parehong advisory naman ay tahasang pinapayagan ang mga sumusunod na activity:
a) Casting one’s vote;
b) Expressing one’s views on current political problems or issues;
c) Mentioning the names of candidates or parties whom one supports;
d) Letters (a) to (e) of Paragraph 8 of this Joint Circular, when performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to public office by a political party or coalition;
e) Public expressions, opinions, or discussions of probable issues in a forthcoming election, or on attributes of or criticisms against probable candidates to be nominated in a forthcoming political party convention;
f) Social media functions such as “”””liking,”””” commenting, “”””sharing,”””” re-posting, or following a candidate’s or party’s account, unless these are resorted as a means to solicit support for or against a candidate or party during the campaign period.
Ibig sabihin, maaari pong gawin ng isang government employee ang mga nakasaad sa itaas, basta ang saklaw ng anumang activity o statement ay hindi papasok sa mga ipinagbabawal. Habang may limitasyon sa karapatan dahil government employee, hindi ito absolute at rinerespeto pa rin ang pakikilahok at malayang boses sa national issues. Pwede pa rin ipahayag kung sinong kandidato ang nais iboto basta hindi ikampanya ang kandidatong ito. Ang pagshare naman ng news articles ay masasabing pwede dahil hindi naman ito pangangampanya. Subalit maging maingat lamang sa mga pinopost na maaaring ituring na pagsolicit ng suporta para sa isang kandidato dahil ito ay ipinagbabawal.