Two top officials of the Department of Public Works and Highways (DPWH) could face charges for violation of the Omnibus Election Code after issuing ‘post-dated’ designations to circumvent the ban on transfer of personnel during the election period.
The Tribune was furnished copies of the separate memoranda issued by DPWH Catanduanes District Engineer Simon N. Arias and noted by Regional Director Virgilio C. Eduarte
Dated Jan. 9, 2025, the first memorandum designated Engr. Nestor T. Rojas, then OIC-Chief of the Maintenance Section, as OIC Chief of the Construction Section.
“In the exigency of public service and in connection with the upcoming compulsory retirement of Engr. Joel B. Turado, Chief-Construction Section, effective March 23, 2025, you are hereby designated as OIC Chief, Construction Section upon his retirement to which this order shall take effect,” the memo stated.
It also advised Engr. Rojas to “anchor” with Engr. Turado to familiarize himself with the process and procedures and perform duties and responsibilities appurtenant to the position.
The other memo, also dated Jan. 9, 2025, designated Engineer II Romeo B. Belaro Jr. as OIC Chief-Maintenance Section “in view of the upcoming retirement of Engr. Joel B. Turado, and designation of Engr. Nestor T. Rojas as OIC Chief, Construction Section.”
The memo likewise stated that the order “shall take effect immediately upon retirement of Engr. Joel Turado and reassignment of Engr. Nestor T. Rojas.”
It has yet to be determined if the DPWH district office secured authority from COMELEC regarding the issuance of the designation memos.
Last January, the Civil Service Commission (CSC) had already reiterated prohibitions on personnel movements, hiring, and promotions in government agencies during the 2025 election period, pursuant to COMELEC Resolution No. 10999.
It reminded government agencies and local government units that transfers and details are banned from January 12 to June 2025 without prior COMELEC approval but the exceptions apply only for essential roles.
The Commission also warned that appointments made by outgoing officials post-election (until 30 June) are invalid unless compliant with legal conditions.
Violations may result in voided appointments or election offense charges, it emphasized.
Section 261 of the OEC lists among the prohibited acts the transfer of officers and employees in the civil service within the election period except upon prior approval of the Commission.
A ranking human resource officer opined that the DPWH designations are valid as the personnel movements occurred within the same office.
The Tribune sought a veteran election lawyer for comment on whether a government agency can issue a designation transferring an official from one section to another during the election period, with the memorandum dated three days before the Jan. 12, 2025 start of the prohibition but with the official assuming his new post on March 23 within the election period.
“In my opinion, although the designation was before Jan, 12 but the official assumed office after Jan. 12, the personnel movement is still covered by the prohibition as the reckoning is that he assumed the post during the period,” he stressed.
It is still a violation of the ban on personnel transfer, the lawyer said, adding that the DPWH cannot do the designation indirectly to avoid the prohibition as they are liable to be charged for an election offense.
“The prohibition applies generally within the same office, not detail or transfer outside one’s office,” he clarified.
A source within the DPWH Catanduanes DEO told the Tribune that a complaint for violation of Sec. 261 of the OEC is being prepared for filing against the two officials.
Sec. 264 of the election code provides that any person found guilty of any election offense shall be punished with imprisonment of not less than one year but not more than six years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage.