COMELEC Grants DepEd Continuing Authority to Appoint, Hire and Transfer Personnel During the Election Period
GRANT OF CONTINUING AUTHORITY FROM COMELEC TO APPOINT, HIRE NEW EMPLOYEES, AND TRANSFER OR DETAIL OF DEPED PERSONNEL, AND SIGNED MOA BETWEEN DEPED AND COMELEC
For the information and guidance of all concerned, attached herewith is a copy of document no. 19-0265 from the COMELEC Law Department dated 17 January 2019, which contains the approved recommendation on the request for the Grant of Continuing Authority from COMELEC to Appoint, Hire New Employees, and Transfer or Detail of DepEd Personnel during the Election Period of the 2019 National and Local Elections.
Please take note that the approval of the grant of continuing authority is subject to the five (5) conditions set forth by the COMELEC, including the directive that the authority shall be limited to orders to appoint, hire new employees, and transfer or detail of DepEd officers and employees, signed and issued by Secretary Leonor M. Briones and that the proper notices prescribed and required under COMELEC Resolution No. 10475 shall be sent to the Commission through its Law Department.
Kindly be advised that the continuing authority of the Secretary is not in conflict with COMELEC Resolution No. 10475, entitled, uIrt 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.” Thus, the filing of requests with the Office of the Regional Election Director for: (1) authority to appoint or hire new employees in the field or local offices of government agencies; or (2) requests to make or cause any transfer or detail of any officer or employee in the civil service can still be observed. However, these requests must conform to the required procedure set forth the resolution and are still subject to COMELEC approval. On the other hand, the continuing authority granted to the Secretary to sign and issue appointments, hire new employees, and transfer or detail DepEd officers and employees does not require COMELEC approval and only needs to be reported to COMELEC.
Likewise, attached herewith is a copy of the signed Memorandum of Agreement between DepEd and COMELEC on the honoraria benefits and allowances of Electoral Board Members who will serve in the 2019 National and Local Elections.
Immediate dissemination of this Memorandum is hereby enjoined.
For guidance and reference.
ALAIN DEL B. PASCUA
Document No. 19-0265
RECOMMENDATION ON THE REQUEST FOR THE GRANT OF CONTINUING AUTHORITY TO APPOINT, HIRE NEW EMPLOYEES, AND TRANSFER OR DETAIL OF PERSONNEL IN THE DEPARTMENT OF EDUCATION (DepEd) DURING THE ELECTION PERIOD OF THE 2019 NATIONAL AND LOCAL ELECTION
SEC. LEONOR MAGTOLIS BRIONES
Department of Education
DepEd Complex, Meralco Ave.
Pasig City 1600
For your information and guidance, attached is a copy of the approval from the Office of the Chairman, this Commission in the above-entitled matter.
Thank you very much.
January 17, 2019
Memorandum No. 19-0250
SHERIFF M. ABAS
RECOMMENDATION ON THE REQUEST FOR THE GRANT OF CONTINUING AUTHORITY TO APPOINT, HIRE NEW EMPLOYEES, AND TRANSFER OR DETAIL OF PERSONNEL IN THE DEPARTMENT OF EDUCATION (DepEd) DURING THE ELECTION PERIOD OF THE 2019 NATIONAL AND LOCAL ELECTIONS
16 JANUARY 2019
This has reference to the attached letter-request of Sec. Leonor Magtolis Briones (Sec. Briones) of the Department of Education (DepEd) dated 19 December 2018 which was received by this Department on 10 January 2019, seeking for continuing authority to appoint, and hire new employees from 29 March 2019 to 12 May 2019, and to transfer/detail DepEd employees from 13 January 2019 to 12 June 2019. Pertinent portion of the Letter-Request reads:
“This has reference to the the prohibitions in COMELEC Resolution No. 10429, entitled “In the Matter of Prescribing The Calendar of Activities and Periods of Certain Prohibited Acts in Connection with the may 13, 2019 National and Local Elections,” in accordance with the Omnibus Election Code. Specifically, the Department of Education would tike to request for a blanket exemption on the following prohibited activities as stated in the aforementioned COMELEC Resolution:
- Transfer or movement of officers and employees in the Civil Service (Article 261(h) of the Omnibus Election Code) during the Election Period from January 13. 2019 to June 12. 2019; and
- Appointment or hiring of new employees, creation or filling up of new positions; promotion or giving of salary increase, remuneration or privileges (Section 261(g) of the Omnibus Election Code during the Campaign Period from March 29. 2019 to May 12. 2019.
In the exigency of the service, exemption to the transfer or movement of officials and employees of the Department of Education (DepEd) is hereby respectfully requested so as not to hamper the regular functions and operations of its field offices and public schools nationwide during the election period. It seekd to prevent any issues or concerns that may arise if there are officials whose retirement will take effect during the said period. With the exemption, unhampered delivery of educational services will be secured which would be beneficial to the public in general.”
In addition to the President of the Philippines, the Supreme Court of the Philippines, Court of Appeals, Sandiganbayan, Court of Tax Appeals and other lower courts, including the Senate and Presidential Electoral Tribunals, other agencies of the government may be granted continuing authority to appoint or hire new employees from 29 March 2019 until 12 May 2019, and to transfer or detail their officers and employees from 13 January 2019 to 12 June 2019, in view of the nature of their functions under Sections 28 and 29 of Resolution No. 10475.
Upon evaluation, we find the letter-request of the Sec. Briones in compliance with the aforementioned Resolution and justified in view of the nature of the DepEd’s functions.
However, the request for promotion, grant of salary increase and/ or privileges in favor of DepEd personnel may not be granted as the same are strictly prohibited under Section 9 of COMELEC Resolution No. 10475, from March 29, 2019 to May 12, 2019.
IN LIGHT OF THE FOREGOING, this Department RECOMMENDS the APPROVAL of the request of the Sec. Briones, insofar as the continuing authority to appoint, hire new employees, transfer or detail of any officers and employees of the DepEd is concerned, provided:
- That this authorization shall be limited to orders to appoint, hire new employees, and to transfer or detail whatever of DepEd officers and employees, signed and issued by Sec. Briones;
- That the said appointment, hiring, and transfer or detail is essential to the proper functioning of the office and shall not in any manner influence the conduct of the May 13, 2019 National and Local Elections;
- That the same shall not involve promotion or the giving of any increase of salary or remuneration or privilege which is strictly prohibited during the forty-five (45) day period before the May 13, 2019 Elections, without any exception whatsoever;
- That this authorization shall be prospective in application and without prejudice to the applicable Civil Service Law, rules and regulations on personnel actions/movements; and
- That the proper notices prescribed and required under Section 29 (d), of Resolution No. 10475 shall be promptly sent to this Commission through this Department.
Respectfully submitted for Your Honor’s consideration.
ATTY. MARIA NORINA S. TANGARO-CASINGAL
By virtue of the authority granted upon me under COMELEC Resolution No. 10475, promulgated on 07 January 2019, the recommendation of the Law Department is hereby APPROVED.
For the Commission
SHERIFF M. ABAS