Digest:People v. Reyes (63 SCAD 629; 247 SCRA 328, 1995)
Facts: Respondent Buenaventura C. Maniego issued MICP Customs Personnel Order assigning Jovencio D. Ebio, Customs Operation Chief, MICP to the Office of the Deputy Collector of Customs for Operations as Special Assistant. The actual transfer of Ebio was made on January 14, 1992.
Ebio filed with the Commission on Elections (COMELEC) a letter-complaint protesting his transfer. Ebio claimed that his new assignment violated COMELEC Resolution No. 2333 and section 261 (h) of B.P. Blg. 881, the Omnibus Election Code, which prohibit the transfer of any employee in the civil service 120 days before the May 11, 1992 synchronized national and local elections.
Issue: Whether or not the Maniego is guilty for violating the omnibus election code.
Ruling: Yes. We start with the
constitutional injunction that no officer or employee in the civil service
shall engage, directly or indirectly, in any electioneering or partisan
political campaign. This prohibition is
reiterated in the Administrative Code of 1987. Section 261 (h) of
B.P. Blg. 881 implements this constitutional prohibition.
It
ought to be immediately obvious that Section 261 (h) of B.P. Blg. 881 does not per
se outlaw the transfer of a government officer or employee during the
election period. To be sure, the transfer or detail of a public officer or
employee is a prerogative of the appointing authority. 11 It
is necessary to meet the exigencies of public service sometimes too difficult
to perceive and predict. Without this inherent prerogative, the appointing
authority may not be able to cope with emergencies to the detriment of public
service. Clearly then, the transfer or detail of government officer or employee
will not be penalized by Section 261 (h) of B.P. Blg. 881 if done to promote
efficiency in the government service. Hence, Section 2 of Resolution No. 2333
provides that the COMELEC has to pass upon the reason for the proposed transfer
or detail, viz: "Any request for authority to make or cause
any transfer or detail of any officer or employee in the civil service,
including public school teachers, shall be submitted in writing to the
Commission indicating therein the office and place to which the officer or
employee is proposed to be transferred or detailed, and stating the
reason therefor.
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