04/02/2020
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[96] See Sections 75 and 76 of RA 6388. “except upon prior authority” of the
Commission on Elections (COMELEC) or, in case of urgent need with prior notice to
the COMELEC.
[97] The 1978 Election Code. Except that: (i) the period covered by the prohibition
on appointment or hiring of new employee was left to the determination of the
COMELEC and (ii) the period of prohibition on the detail or transfer covers the
election period (See Art. IX-C, Section 9 of the 1987 Constitution).
[98] The present Omnibus Election Code. Section 261 (g) and (h) of BP 881 considers
the following as election offense:
xxxx
(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 governmentowned 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.
(2) Any government official who promotes, x x x any government official
or employee, including those in government-owned or controlled
corporations.
xxxx
(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 prior approval of the Commission.
[99] But see special provision for appointments in the Judiciary, as recognized in De
Castro v. Judicial and Bar Council, G.R. No. 191002, March 27, 2010, 615 SCRA 702.
[100] See Justice Brion’s Concurring and Dissenting Opinion in Arturo de Castro v.
Judicial and Bar Council, G.R. No. 191002, April 20, 2010, 615 SCRA 788, 822.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717
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