AUTHORITY OF THE COMMISSION ON ELECTIONS TO APPOINT, FILL-UP POSITION AND TRANSFER OR REASSIGN ITS PERSONNEL IN CONNECTION WITH THE MAY 08, 2015 RECALL ELECTIONS FOR MAYOR IN THE CITY OF PUERTO PRINCESA, PALAWAN, PURSUANT TO COMELEC RESOLUTION NO. 15-0284 DATED 07 APRIL 2015
WHEREAS, Sec. 261 (g), and (h), of the Omnibus Election Code of the Philippines provides:
"Sec. 261. Prohibited acts. - The following shall be guilty of an election offense:
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"(g) Appointment of new employees, creation of new position, promotion or giving salary increases - During the period of forty five days before a regular election and thirty days before a special election, (1) any head, official or appointing officer of a government office, agency or instrumentality, whether national or local, including government-owned or controlled corporations, who appoints or hires any new employee, whether provisional, temporary or casual, or creates and fills any new position, except upon prior authority of the Commission. 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 the appointment. Any appointment or hiring in violation of this provision shall be null and void.
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"(h) Transfer of officers and employees in the civil service - Any public official who makes or causes any transfer or detail whatever of any officer or employee in the civil service including public school teachers, within the election period except upon approval of the Commission.
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WHEREAS, the above-quoted provisions apply to the May 08, 2015 Recall Elections for Mayor in the City of Puerto Princesa, Palawan, as embodied in Resolution No. 15-0284, dated 07 April 2015;
WHEREAS, there is an essential need to appoint, assign, reassign or transfer personnel of the Commission on Elections in order that it can effectively and efficiently carry out its constitutional mandate to conduct free, orderly, honest, peaceful and credible elections;
NOW, THEREFORE, the Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code and other election laws, has RESOLVED, as it hereby RESOLVES, to exempt the Commission on Elections from the prohibition to appoint, hire new employees or fill new positions and transfer or assign or reassign its personnel.
This Resolution shall take effect after its publication in two (2) daily newspaper of general circulation in the Philippines.
Let the Education and Information Department cause the publication of this Resolution and shall furnish a copy hereof to the Civil Service Commission (CSC) for its information and guidance.
SO ORDERED.
SIGNED:
- LIM, CHRISTIAN ROBERT S., Acting Chairman
- PARREÑO, AL A., Commissioner
- GUIA, LUIE TITO F., Commissioner
- LIM, ARTHUR D., Commissioner