CASE DIGEST : PEOPLE VS REYES

G.R. No. 115022 August 14, 1995

PEOPLE OF THE PHILIPPINES, petitioner, 

vs.

HON. WILFREDO D. REYES, Presiding Judge, RTC, Branch 36, Manila and BUENAVENTURA C. MANIEGO, respondents.

FACTS : The facts reveal that respondent Buenaventura C. Maniego, Collector of Customs, Collection District II, Bureau of Customs, Manila International Container Port (MICP), issued MICP Customs Personnel Order No. 21-92 dated January 10, 1992 assigning Jovencio D. Ebio, Customs Operation Chief, MICP to the Office of the Deputy Collector of Customs for Operations as Special Assistant.1 The actual transfer of Ebio was made on January 14, 1992.

On May 4, 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,

After a preliminary investigation, the COMELEC filed on May 6, 1995 an information with the Regional Trial Court, Branch 36, Manila charging respondent Maniego with a violation of Section 261 (h) of B. P. Blg. 881

Before the arraignment, respondent Maniego moved to quash the information on the ground that the facts alleged do not constitute an offense. On September 23, 1993, the trial court granted private respondent's motion to quash and dismissed Criminal Case No. 93-120275.3 Petitioner moved to reconsider but the same was denied on January 25, 1995.4 Petitioner forthwith elevated the case to this Court on a pure question of law.

ISSUE WON Maniego is liable

HELD : 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.

Prescinding from this predicate, two (2) elements must be established to prove a violation of Section 261 (h) of B.P. Blg. 881, viz: (1) The fact of transfer or detail of a public officer or employee 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.

In the case at bench, respondent Maniego transferred Ebio, then the Customs Operation Chief, MICP to the Office of the Deputy Collector of Customs for Operations as Special Assistant on January 14, 1992. On this date, January 14, 1992, the election period for the May 11, 1992 synchronized elections had already been fixed to commence January 12, 1992 until June 10, 1992. As aforestated, this election period had been determined by the COMELEC in its Resolution No. 2314 dated November 20, 1991 and Resolution No. 2328 January 2, 1992. Nonetheless, it was only in Resolution No. 2333 which took effect on January 15, 1992 that COMELEC promulgated the necessary rules on how to get its approval on the transfer or detail of public officers or employees during the election period. Before the effectivity of these rules, it cannot be said that Section 261 (h) of B.P. Blg. 881, a penal provision, was already enforceable. Needless to state, respondent Maniego could not be charged with failing to secure the approval of the COMELEC when he transferred Ebio on January 14, 1992 as on that day, the rules of the COMELEC on the subject were yet in existent.