The city government of Makati has filed a second complaint against former acting mayor Romulo Peña for “blatant disregard of the law” in promoting and transferring personnel during the election period.
In a letter to the Commission on Elections’ (Comelec) law department head Norina Tangaro-Casingal, Makati City Legal Officer Michael Arthur Camiña sought assistance “in taking the necessary legal actions” against Peña for issuing appointments on February 1, 2016 and March 1, 2016.
Camiña said the promotion and transfer of employees Jeffrey Samson, Fordeliza Silva and Aileen Soriano were subsequently invalidated by the Civil Service Commission (CSC) for being “not in order.”
It said Samson, Clerk III under the Education Department, was transferred to the Human Resource
Development Office (HRDO) for the position of Administrative Assistant VI-Clerk III; Silva was promoted to Chief Administrative Officer-Cashier V; and Soriano was also promoted from Budget Officer IV to Accountant V.
Comelec Resolution 9981 prescribed the election period from January 10, 2016 to June 8, 2016.
Under the Omnibus Election Code, the transfer or movement of personnel in the civil service during an election period is prohibited, except with prior authority from Comelec.
If found guilty, Peña faces imprisonment of not less than one year but not more than six years as well as disqualification from holding public office.
On February 22 this year, the city legal officer filed a complaint against Peña, citing five personnel illegally promoted and transferred to other departments.
Camiña noted that during his short stint as acting mayor, Peña appointed, promoted and transferred city government personnel mostly invalidated by the CSC.
As of November 2016, the HRDO recorded a total of 326 “midnight appointments” issued by Peña that were revoked by the CSC for violating the election ban.
A personnel review audit revealed that the Peña administration had bloated the city payroll with over 1,300 new hires.
The audit also uncovered cases of double compensation and “ghost” employees.
Also uncovered were contracts amounting to half a billion pesos that were not opened to public bidding.