Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
RESOLUTION No. 6457
AUTHORITY OF THE COMMISSION ON ELECTIONS TO APPOINT, FILL POSITIONS AND TRANSFER OR REASSIGN ITS PERSONNEL DURING THE PROHIBITED PERIODS IN CONNECTION WITH THE MAY 10, 2004 SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS
Promulgated: 10 December 2003
WHEREAS, Sec. 56 and Sec. 261 paragraphs (g) and (h), of the Omnibus Election Code, provide as follows:
x x x
"SEC. 56. Changes in the composition, distribution or assignment of field offices - The Commission may make changes in the composition, distribution and assignment of field offices, as well as its personnel, whenever the exigencies of the service and the interest of free, orderly, and honest election so require: Provided, That such changes shall be effective and enforceable only for the duration of the election period concerned and shall not affect the tenure of office of the incumbents of positions affected and shall not constitute a demotion, either in rank or salary, nor result in change of status: and Provided, further, That there shall be no changes in the composition, distribution or assignment within thirty (30) days before election, except for cause and after due notice and hearing, and that in no case shall a regional or assistant regional director be assigned to a region; a provincial election supervisor to a province; or a city or municipal election registrar to a city or municipality, where he and his spouse are related to any candidate within the fourth civil degree of consanguinity or affinity as the case may be."
x x x
SEC. 261. Prohibited Acts - The following shall be guilty of an election offense:
x x x x x x x x x
"g) Appointment of new employees, creation of new position, promotion, or giving salary increases - During the period of forty five (45) days before 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 positions, 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. (underlining supplied)
"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.
x x x x x x x x x
"(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."
x x x x x x x x x
WHEREAS, the aforequoted provisions are applicable to the elections of officials of the National and Local officials on May 10, 2004;
WHEREAS, there is an urgent need to appoint, transfer or reassign personnel of the Commission on Elections during the prohibited period in order that it can carry out its constitutional duty to conduct free, orderly, honest, peaceful and credible elections.lªvvph¡1.ñét
NOW, THEREFORE, the Commission on Elections by virtue of the powers conferred upon it by the Constitution, the Omnibus Election Code and other election laws, as an exception to the foregoing prohibitions, has RESOLVED, as it hereby RESOLVES, to appoint, hire new employees or fill new positions and transfer or reassign its personnel, when necessary, in the effective performance of its mandated functions during the prohibited period, provided that the changes in the assignment of its field personnel within the thirty-day (30) day period before election day shall be effected after due notice and hearing. However, in cases of reassignments of personnel in order to fill up urgent temporary vacancies resulting from illness, swapping of assignments and unexpected emergencies, with the end in view of enabling the Commission to effectively carry out its mandate to conduct honest, orderly and peaceful elections, the thirty-day (30) period and hearing requirements may be dispensed with.
This resolution shall take effect on the seventh day after its publication in two (2) daily newspapers of general circulation in the Philippines.
Let copies hereof be furnished the Civil Service Commission (CSC) for its information and guidance.
SO ORDERED.
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