Rey Anthony Chiu
CORTES, Bohol, January 14, 2013 (PIA) – Crooked
elective local officials who think the coming of the election period makes them
immune from suits and suspensions could be wrong.
For just as January 13 signals the beginning
of the election period for the May 13, 2013 polls, local officials accused of “graft
and corruption” can still be suspended.
This means that contrary to the prohibition
of suspension of elective officials from the province, city, municipal and
barangay governments which takes effect at the beginning of the election period
as provided by the Omnibus Election Code, if the suspension is in application
of the Anti-Graft and Corrupt Practices, then a public official with
allegations of irregularity can still be hanged.
“The provisions of law to the contrary
notwithstanding during the election period, any public official who suspends,
without prior approval of the Commission, any elective provincial, city,
municipal or barangay officer, unless said suspension will be for purposes of
applying the "Anti-Graft and Corrupt Practices Act" in relation to
the suspension and removal of elective officials; in which case the provisions
of this section shall be inapplicable,” states section 261 (x) of the OEC.
Moreover, even during the election period,
as long as it has the prior approval of the Commission, suspensions are deemed effective,
by application of law.
Aside from the prohibition of suspension for
cases other than graft and corruption, election period, which started January
13 until June 12, also bans the alteration of territory of a precinct or
establishment of a new precinct pursuant to section 5, of the Republic Act 8189.
“No territory comprising an election
precinct shall be altered or a new precinct be established at the start of the
election period,” according to the cited provision of law.
The election period also prohibits the
transfer or movement of officers and employees in the civil service. (Sec. 261
(h), OEC).
On the other hand, as election period
signals the gun ban, bearing, carrying or transporting firearms or other deadly
weapons, unless authorized in writing by the Commission. (Sec. 261 (p) (q) (r)
and (s), OEC as amended by Sec. 32, RA 7166) is strictly prohibited.
Also banned is the use of security personnel
or bodyguards by candidates, unless authorized in writing by the Commission.
(Sec. 261 (t), OEC as amended by Sec. 33, RA 7166).
The period also effectively prohibits the organization
or maintenance of reaction forces, strike forces or other similar forces. (Sec.
261 (u), OEC). (30/gg)
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