The Makati City government on Wednesday asked the Commission on Election to file a case against former mayor Romulo Peña Jr. for violating the election ban on appointments, promotions and transfers of personnel.
In a letter to Comelec Law Department head Norina Tangaro-Casingal, the city government said the personnel movements made by Peña were done without prior authority from the poll body.
“Thus, we are of the firm opinion that Peña’s actions constitute Election Offense under Article XXII, Section 261, par.(h) of the Omnibus Election Code,” lawyer Michael Arthur Camiña, head of the Makati Legal Department, said.
“Accordingly, we request your assistance on the matter, and trust that you will file the necessary actions to sanction Peña’s disregard of the law,” he added.
The letter, dated Feb. 15, was received by the Comelec last Feb. 22.
If found guilty, Peña faces a penalty of imprisonment of not less than one year but not more than six years, and shall not be subject to probation. In addition, he faces disqualification to hold public office and deprivation of the right of suffrage.
The said provision prohibits any transfer of personnel to a different designation, office, or agency, made by any head and/or appointing authority during the election period without any prior authority from the Comelec.
Camiña said during his short stint as acting mayor, Peña appointed, promoted and transferred city government personnel but most of these have been invalidated by the Civil Service Commission as they were made during the Election Period.
He also pointed out that the Notices of Disallowance issued by the CSC affirm the lack of prior authority from the Comelec on personnel movement made by Peña during the election period.
An investigation conducted by the Human Resource Development Office under the administration of Mayor Abigail Binay also revealed that only a few of the promotions, appointments or transfers complied with legal requirements.
Camiña informed the Comelec that among those illegally promoted, hired or transferred were Annabelle S. Cerrado, from Local Legislative Staff Officer II, Office of the Vice Mayor to Administrative Assistant III, International Relations Department; Charina C. Macadaeg, from Executive Assistant I, OVM to Administrative Assistant III, IRD; and Mary Jane E. Pide, from Administrative Officer V, Accounting Department to Supervising Administrative Officer, Internal Management Control Office. The said personnel were issued Letters of Appointment by Peña on March 1, 2016.
Other personnel named by Camiña were Bernadette H. Garcia, from Administrative Aide VI, Accounting Department to Administrative Assistant II, Finance Department; and Bernadita R. Jaculba, from Bookkeeper III, Accounting Department to Administrative Officer III, Finance Department. Both were issued Letters of Appointment on March 16, 2016.
Other illegal personnel movement at the Ospital ng Makati, Makati Health Department and other offices and departments will be referred to the Comelec in the coming weeks upon completion of the investigation.
As of November last year, the Human Resources Department had recorded a total of 326 ‘midnight appointments’ issued by Peña revoked by the CSC for violating the Election Ban. These included 114 promotions, 175 regularization, 29 casual appointments, one reemployment and one original appointment.
A personnel review audit conducted by the new administration immediately upon assumption into office revealed that the Peña administration had bloated the city payroll with over 1,300 hirees. From July 1, 2015 to June 30, 2016, they hired a total of 1,218 additional casuals, 22 contractuals and 78 consultants.
The audit also uncovered cases of double compensation, with the appointees receiving salaries and benefits from the Office of the Mayor and the barangays. Cases of ‘ghost employees’ who collected salaries and benefits without ever reporting for work were also documented.
The Binay administration also uncovered contracts amounting to some half a billion pesos that were not opened to public bidding, but were merely extended by Peña.
“These documented actions of the Peña administration are contrary to their public posturings of good governance,” Camiña said.
For his part, Pena said the complaints hurled by the city government are the same old issues that he already clarified.
“Once more, the Personnel Selection Board of the city government had acted in good faith thru proper screening and deliberation of promoted and regularized personnel. All OICs and department heads appeared before the PSB to defend their recommendations which include traffic aides and street sweepers, whose been in the city government’s roster for 25 years as casual employees,” he said.
Pena added “It is only during the regime of Bagong Makati, when they were given regular plantilla positions. Hiring of personnel at the law department and Makati DRRMO as I remember, was granted exemption from the Comelec ban.”
He also said allegations of ghost employees were also cleared when displaced personnel lined up last December in getting their 13th month pay and other privileges.
“As for the extended contracts, it was done in good faith and have fully complied with the existing rules and regulations of the procurement law. It is clearly stated that 1 year extension is allowed,” Pena said.
Pena served as acting mayor more thana year after Jejomar Erwin Binay Jr. was dismissed from the service as mayor of Makati for his involvement in the alleged overpriced City Hall Building II.
In the last elections, Pena ran for mayor but was defeated by Binay’s sister Abigail.
