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Question Appointments during election ban for the brgy. elections on May 14, 2018

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6 years 3 weeks ago #1296 by Prince pacasum
Prince pacasum created the topic: Appointments during election ban for the brgy. elections on May 14, 2018
Hi! Good day everyone.

I am a govt employee (permanent) transferring to another govt office via "promotion"

Date of signing of appointment: March 22, 2018
Assumption of office: April 23, 2018

Comelec Resolution 10246 (prohibited acts in connection with May 14, 2018 brgy. elections) provides:

Prohibited acts: April 14 to May 21- Transfer or detail of officers and employees including public school teachers

Now my question is, will my assumption of office on April 23, 2018 be void?

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3 years 3 weeks ago #8057 by Action Officer
Action Officer replied the topic: Appointments during election ban for the brgy. elections on May 14, 2018
Dear Sir Prince Pacasum:

Thank you for using the CSC Legal Forum.

You query pertains to your promotional appointment dated March 22, 2018. Your question is: if your assumption to office on April 23, 2018 be void.

Based on COMELEC Resolution No. 10246, 15 January 2018 - Prohibited Acts: Appointment or hiring of new employees, creation of new position, promotion, giving of salary increases, remuneration or privileges. (Sec. 261 (g), OEC) as amended by Sec. 5 of R.A. No. 10923 for the period May 4, 2018 (FRI) to May 13, 2018 (SUN).

What is controlling is the date of the appointment and not the assumption to office. Considering that your appointment is dated March 22, 2018, it is not covered by election ban. Even the date of your assumption, April 23, 2018 is not within the period where promotion is prohibited.

We hope to have enlightened you on the matter.

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