‘SUBJECT
Republic of the Philippines
(COMMISSION ON AUDIT
ADMINISTRATION SECTOR
Comomnelt Avent, Quezon Cy
: ALL OFFICIALS AND EMPLOYEES
This Commission
+ Approval of this Commission's request for exemption from certain prohibited
acts in connection with the May 13, 2019 national and local elections
In COMELEC Notice dated January 31, 2019, Chairman Sheriff M, Abas approved the request
of this Commission, insofar as the continuing authority to appoint, hire new employees, transfer or
detail whatever of any officers and employees of this Commissions concerned, provided:
‘That the sald appointment, hiring, and transfer or detail is essential to the proper
functioning of the office and shall not in any manner influence the conduct ofthe May 13,
2019 National and Local Elections;
‘That the same shall not im or the giving of any increase of salary or
remuneration or pri ich Is strictly problbited during the forty-five (45) day
period before the May 13, 2019 Elections, without any exception whatsoever;
Attached is a copy of the above-entitled Notice for reference.
For information and guidance, please.
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Republic of the Philippines
COMMISSION ON ELECTIONS
Intramuros, Manila
vocumeNT uo, \1-= Bos Law Department
\A-ProaC Law 1401689)
RECOMMENDATION ON THE REQUEST FOR
THE GRANT OF CONTINUING AUTHORITY TO
APPOINT OR HIRE NEW EMPLOYEES, AND
TRANSFER OR DETAIL EMPLOYEES IN THE
COMMISSION ON AUDIT (COA) DURING THE
ELECTION PERIOD FOR THE MAY 2019
NATIONAL AND LOCAL ELECTIONS
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NOTICE
HON. MICHAEL G, AGUINALDO
Chairperson
Commission on Audit
Office of Chairperson
Commonwealth Avenue
Quezon City, Philippines
GREETINGS:
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 31, 2019.
ari ita itt 0 AGERE
Director
Encl.: a/s
1:39 tpl 18-1504 (LAWS0-01500) Agente (COK) Ctiningiblic of the Philippines
COMMISSION ON ELECTIONS
Manila
LAW DEPARTMENT
MEMORANDUM No. _l4- 1204 (Law \4-0tsed)
FOR : SHERIFF M. ABAS
Chairman
SUBJECT : | RECOMMENDATION ON THE REQUEST FOR
THE GRANT OF CONTINUING AUTHORITY
TO APPOINT OR HIRE NEW EMPLOYEES, AND
TRANSFER OR DETAIL EMPLOYEES IN THE
COMMISSION ON AUDIT (COA) DURING THE
ELECTION PERIOD FOR THE MAY 2019
NATIONAL AND LOCAL ELECTIONS.
DATE : 30JANUARY 2019
This refers to the 28 January 2019 Letter of Chairperson Michael G.
Aguinaldo, Commission on Audit (COA), which was received by this
Department on 30 January 2019, requesting for a grant of a continuing
authority to appoint, and hire new employees from 29 March 2019 to 12
May 2019, and to transfer/detail COA employees from 13 January 2019 to
12 June 2019. The pertinent portion of the letter reads:
“This refers to COMELEC Resolution No. 10475 dated January 7, 2019,
prescribing the periods of prohibited acts in connection with the May 13,
2018 national and local elections, Over the next few months, the
‘Commission on Audit (COA) will face the retirement af its personnel both
compulsory and optional. The prohibition against personnel movement
in the government service ie. recruitment, promotion, and specifically
reassignments of officials and personnel where necessary, may, unduly
derail the delivery of our audit services as mandated by the Constitution.
This will likewise result in the delay of audit report preparation and the
eventual release of audit reports.
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Page 1 of 3In view of the above, may we request authority to issue appointments in
the nature of Transfer, Original and Promotion and reassign personnel
during the period of the election ban set forth under the aforementioned
COMELEC Resolution for the COA to effectively implement audit
Programs and activities for practical purposes as time is of the essence and
our reports are time bound. We will submit the complete lists of
appointments (Original and Promotion) issued as well as the Order of
Reassignments issued using the COMELBC prescribed forms as soon as
‘we have consolidated the same.
‘May we assure the COMELEC that the personnel movements within the
COA would not in any way iméluence the conduct of the May 13, 2019
‘National and Local Elections,”
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 ot 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 letterrequest of COA Chairperson
Michael G. Aguinaldo, in compliance with the aforementioned Resolution
and justified in view of the nature of their functions.
IN LIGHT OF THE FOREGOING, this Department
RECOMMENDS the APPROVAL of the request of COA Chairperson
Aguinaldo, insofar as the continuing authority to appoint, hire new
employees, transfer or detail whatever of any officers and employees of the
COA is concerned, provided:
1. 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;
2. 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;
1 In the Matter ofthe Enforcement of the Prohibition Aguinst Appointment cr Hixing of New Employees;
‘Creation or Filing Up of New Positions; Giving Salary Increases; Transfer or Detall of Civil Service
Employees; and Suspension of Elective Local Officials; and Filing of Leave of Absences of Local
‘Treasurers in connection with the May 13, 2019 National and Locel Elections. Promulgated by the
Honorable Commission En Bare on 07 Jaruaty 2079.
Page2 of 33. 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
4. That the proper notices prescribed and required under Section 29
@), of Resolution No. 10475 shall be promptly sent to the
Commission through this Department.
Respectfully submitted for Your Honor’s consideration.
Director.
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.
sohlttesins
Chairman
Exemption Continaing Authority COM/LAVWEI901589
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