Resolution No. 9394

WHEREAS, Sec. 261 of the Omnibus Election Code of the Philippines provides:

WHEREAS, to enforce effectively the foregoing provisions, there is a need to promulgate the necessary rules for the guidance of all concerned;

NOW, THEREFORE, the Commission on Elections (Commission), 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 promulgate the following rules to implement the provisions of Section 261, subsections (g), (h) and (x) of the Omnibus Election Code in connection with the conduct of special election for Member, House of Representatives, Fifth Legislative District of the Province of Negros Occidental;

SECTION 1. Coverage. The provisions of this Resolution shall apply only to the Fifth Legislative District of Negros Occidental.

1. Make or cause any transfer or detail whatsoever of any officer or employee in the civil service, including public
   school teachers.
   "Transfer" as used in this provision shall be construed as any personnel movement from one government agency to another or from one department, division, geographical unit or subdivision of a government agency to another with or without the issuance of an appointment.
2. Suspend any elective provincial, city, municipal or barangay official, unless the suspension will be for purposes of applying the Anti-Graft and Corrupt Practices Act in relation to the suspension and removal of elective official.

(B) Beginning May 03, 2012 to June 01, 2012-

1. No head, official or appointing officer of any national or local government office, agency or instrumentality, including government-owned or controlled corporations, shall, except upon prior authority of the Commission:

1. Appoint or hire any new employee, whether permanent, provisional, temporary or casual; or
2. Create and fill any new position.

2. No government official shall promote or give any increase of salary or remuneration or privilege to any government official or employee, including those in government-owned or controlled corporations.

SECTION 3. Requests for authority of the Commission; How to File. - (A) The request for authority to make or cause any transfer or detail shall be in writing indicating the (1) office and place to which the officer or employee is proposed to be transferred/detailed or otherwise moved; and (2) stating the reasons therefor:

Said request shall be filed with the

1. Law Department of the Commission when:

2. With the Regional Election Director, Region VI, when:

SEC 4. Request for Authority of the Commission To Appoint or Hire New Employees; Where and How to File. Request for authority to appoint or hire new employees shall be in writing stating all the necessary data and reasons for the same. Said request shall be filed with the Regional Election Director of Region VI.

SEC 5. Request for Authority of the Commission to Create and Fill New Positions: Where and How to File. - Request for authority to create and fill new positions shall be submitted in writing to the Law Department of the Commission.

The Commission shall not grant the authority 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 any manner that may influence the result of the elections.

SECTION 6. Request for Authority of the Commission to Suspend An Elective Provincial, City, Municipal or Barangay Officer Applying the Anti-Graft and Corrupt Practices Act: Where and How to File.Request for authority to suspend an elective provincial, city, municipal or barangay officer shall be submitted to the Law Department of the Commission, supported by a copy of a formal complaint executed under oath and containing the specific charges therefore.

1. The Law Department shall submit all requests received by it, together with its recommendation, to the Commission
   for approval or disapproval.
2. The Regional Election Director of Region VI shall approve or disapprove all requests received by him and submit a report on
   the requests acted upon by him to the Law Department, within seventy-two (72) hours from his action thereon, by the fastest means of communication.

SECTION 8. When Request for Authority Is Not Necessary. Renewal of appointments of temporary, casual, substitute and contractual personnel are not covered by this prohibition and will no longer need prior authority of the Commission.

However, the appointing authority shall furnish the Commission, through the Office of the Regional Election Director, Region VI a complete list of employees whose appointments were renewed, indicating their position, item number, salary grade and station.

SECTION 9. Urgent Need to Appoint New Employees. Where there is urgent need to appoint or hire new employees and such employee has already been appointed or hired without prior authority of the Commission, the requesting office/agency shall notify the Commission within three (3) days from the date of the appointment, stating therein (1) the exact date when the position sought to be filled became vacant, (2) the cause of vacancy, (3) the reason/s for said appointment or hiring, and, (4) all the necessary data or information regarding the same. Notification shall be made through the Office of the Regional Election Director of Region VI. Failure to give notice as herein required shall render the appointment null and void.

The appointment or hiring of new employees shall be valid, unless the same is found by the Commission: (1) to have been made to influence in any manner the results of the election; (2) to have been issued without the required notice; or (3) that there is no urgent need for the appointment.

The need to fill up a vacant position by a new employee may be considered urgent if the position to be filled is essential to the proper functioning of the office or agency concerned and that the same has been vacated either by death , retirement, resignation, promotion or transfer of the regular incumbent; provided, that the appointment is issued within sixty (60) days from occurrence of the vacancy, and that the same cannot be filled by promotion or transfer of insiders within the same period; and provided further, that the position shall not be filled in any manner that may influence the election.

Appointment to a position which has been vacant for more than sixty (60) days shall not be considered urgent and must, therefore, require prior written authority from the Commission or the Regional Election Director of Region VI.

SECTION 10. Total Ban on Promotion, Salary Increases, Granting Privileges. Promotion, or giving any increase of salary, remuneration, or privilege to any government official or employee including those in government-owned or controlled corporations, is strictly prohibited.

SECTION 11. Injunction. The Civil Service Commission (CSC), including all its field offices, is hereby enjoined not to approve the appointment of new employees where no prior written approval of the Regional Election Director of Region VI is presented by the appointing authority concerned or proof that the required notice within the 3-day reglementary period as provided in Section 8 hereof has been complied with.

The Department of Budget and Management (DBM) and the Commission on Audit (COA), including all their field offices, shall not release or authorize the release of any appropriation, or pass in audit payments or expenditures of public funds that may be directly or indirectly be used in violation of the foregoing prohibitions.

The abovementioned offices are directed to submit immediately to the Commission a written report on any violation of the said provisions of the Omnibus Election Code.

SECTION12. Penalty. Any violation of the provisions of this Resolution shall constitute an election offense and shall be punishable by imprisonment of not less than one (1) year but not more than six (6) years, among other penalties provided by law.

SECTION 13. Effectivity. This Resolution shall take effect seven (7) days after its publication in two (2) daily newspapers of general circulation in the Philippines.

SECTION 14. Dissemination. The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation, and shall furnish copies thereof to all Departments in the National Government, Constitutional Commissions, Offices, Provincial Governor of the Province of Negros Occidental, Municipal Mayors concerned and government agencies including government-owned or controlled corporations, and all COMELEC field offices concerned.

SO ORDERED.