04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly [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 67/75