LAW/RESOLUTIONS

1. Omibus Election Code of the Philippines

B.P. 881

Sec. 261. Prohibited Acts (Election offenses)

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(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.

2. COMELEC Resolution No. 10429 (Date of Promulgation: Oct. 1, 2018)

Date/Period Activity Prohibited Act

January 13, 2019 to Election Period Transfer or movement of
June 12, 2019 officers or employees in
the civil service.
(BP 881, Sec. 261 (h))

3. COMELEC Resolution No. 10475 (Date of Promulgation: Jan. 7, 2019)

IN THE MATTER OF THE ENFORCEMENT OF THE PROHIBITION AGAINST
APPOINTMENT OR HIRING OF NEW EMPLOYEES; CREATING OR FILLING UP OF
NEW POSITIONS; GIVING SALARY INCREASES; TRANSFER OR DETAIL OF CIVIL
SERVICE EMPLOYEES; SUSPENSION OF ELECTIVE LOCAL OFFICIALS; AND
FILING OF LEAVE OF ABSENCES OF LOCAL TREASURERS IN CONNECTION
WITH THE MAY 13, 2019 NATIONAL AND LOCAL ELECTIONS

Definition of Transfer as used in Resolution - A transfer is a movement from one

position to another which is of equivalent rank, level, or salary without break in service
involving the issuance of an appointment. The transfer may be from one department
agency to another or from one organizational unit to another in the same department or
agency. (Resolution No. 10475, Sec. 2 (i))

Sec. 11-14 – Transfer of Officers and Employees in the Civil Service.

Sec. 11. Prohibited Act and Period of Prohibition – From January 13, 2019,
Sunday to June 12, 2019, Wednesday, no public official shall, except, upon prior written
approval of the Commission, make or cause any transfer or detail whatsoever of any
officer or employee in the civil service, including public school teachers.

The phrase “transfer or detail” shall be construed in general terms. Any

movement of personnel from one station to another, whether or not in the same office or
agency, during the election is covered by the prohibition.
 Transfer incidental to promotion, as well as that incidental to appointment, is
within the purview of the prohibition against transfer during the election period.

Sec. 12. Request for Approval of the Commission on Transfer or Detail; Where
and How to File – Requests for approval to make or cause any transferor detail shall be:
a. In writing;
b. Indicating the (1) office and place to which the officer or employee is
proposed to be transferred or detailed or otherwise moved;
c. Stating the reasons therefor;
d. In two (2) original copies;
e. Accompanied with the soft copy of the request in MS word format and
saved in USB or CD form.

Sec 13. Filing of Request with the Law Department. – Requests for approval to
make or cause any transfer or detail of any officer or employee in the civil service
shall be filed with the law department when:
a. The official station is in the central/main offices of national agencies
and government-owned or controlled corporations;
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Sec. 14. Filing of Requests with the Office of the Regional Election Director. –
Requests for approval to make or cause any transfer or detail of any officer or employee
in the civil service shall be filed with the office of the Regional Election Director where
the employee/s sought to be transferred or detailed is stationed when:
a. It involves government officers or employees with official stations in the field
offices including the National Capital Region;All other Officers and employees
not indicated in Sec. 8 in the resolution.

4. Civil Service Law

P.D. 807
Sec. 24 (c). Transfer. A transfer is a movement from one position to another which is of
equivalent rank, level, or salary without break in service involving the issuance of an
appointment.
[A transfer] shall not be considered disciplinary when made in the interest of the public
service, in which case, the employee concerned shall be informed of the reasons
therefor. If the employee believes that there is no justification for the transfer, he may
appeal his case to the Commission.

JURISPRUDENCE:

1. DOMINADOR REGALADO, JR. vs. COURT OF APPEALS and PEOPLE OF

THE PHILIPPINES, G.R. No. 115962  February 15, 2000
- SC upheld the decision of the CA finding Regalado guilty for violating
Sec. 261 (h).
 - The two elements of the offense prescribed under §261(h) of the Omnibus
Election Code, as amended, are: (1) a public officer or employee is
transferred or detailed within the election period as fixed by the COMELEC,
and (2) the transfer or detail was effected without prior approval of the
COMELEC in accordance with its implementing rules and regulations.

- Moreover, §261(h) of B.P. No. 881, as amended, provides that it is an

election offense for —
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. (Emphasis
added).
As the Solicitor General notes, "the word transfer or detail, as used [above], is
modified by the word whatever. This indicates that any movement of personnel
from one station to another, whether or not in the same office or agency, during
the election is covered by the prohibition."
- It may well be that Barangay Sto. Niño in January 1988 was in need of health
service personnel. Nonetheless, this fact will not excuse the failure of
petitioner to obtain prior approval from the COMELEC for the movement of
personnel in his office.

- Indeed, appointing authorities can transfer or detail personnel as the

exigencies of public service require. However, during election period, as such
personnel movement could be used for electioneering or even to harass
subordinates who are of different political persuasion, §261(h) of the Omnibus
Election Code, as amended, prohibits the same unless approved by the
COMELEC.

2. PEOPLE OF THE PHILIPPINES vs. HON. WILFREDO D. REYES, Presiding

Judge, RTC, Branch 36, Manila and BUENAVENTURA C. MANIEGO, G.R.
No. 115022 August 14, 1995.
- 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.