While government officials and employees are barred from taking part in any election, as provided for in the 1987 Constitution, the Administration Code and Omnibus Election Code do not apply to Cabinet members, Justice Secretary Hernando Perez said.
"Cabinet members are not covered by the constitutional prohibition against electioneering or partisan political activity because they hold political offices. Cabinet members serve at the behest and pleasure of the President," Perez said.
The DOJ issued a four-page legal opinion after Executive Secretary Renato de Villa and Presidential Legal Adviser Avelino Cruz Jr. sought a clarification on whether Cabinet officials can campaign in the coming polls or not.
Perez cited as basis the Administrative Code of 1987 (Executive Order 292) which states that officials holding political offices, like those appointed by the Chief Executive, are "excluded" from the ban.
The only thing that Cabinet members cannot do, Perez said, is "solicit contributions from their subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code."
Among those exempted are the President, the Vice President, the executive secretary, department secretaries and other members of the Cabinet, all election officials at all levels and their personal and confidential staff.
Perez invoked the case of former Defense Secretary Alejo Santos who openly campaigned for Bulacan governor Tomas Martin. The Supreme Court junked the order of the former Court of First Instance against Santos. — Delon Porcalla