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    Causing vs. Comelec

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    Jay-r Tumamak
    Elsie Causing filed a complaint against Mayor Biron claiming his order detailing her to the Mayor's Office during the election period violated COMELEC rules. Mayor Biron argued the detail was to closely supervise her performance due to complaints. The COMELEC dismissed the complaint for lack of probable cause, finding the movement did not equate to a prohibited transfer or detail under the law. The Supreme Court affirmed, as Causing remained the Municipal Civil Registrar and was merely required to work physically in the Mayor's Office, which did not strip her of her functions or supervision over staff. As the provisions involved a criminal charge, they must be construed liberally in favor of the accused.

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    Causing vs. Comelec

    Uploaded by

    Jay-r Tumamak
    1K views2 pages
    Elsie Causing filed a complaint against Mayor Biron claiming his order detailing her to the Mayor's Office during the election period violated COMELEC rules. Mayor Biron argued the detail was to closely supervise her performance due to complaints. The COMELEC dismissed the complaint for lack of probable cause, finding the movement did not equate to a prohibited transfer or detail under the law. The Supreme Court affirmed, as Causing remained the Municipal Civil Registrar and was merely required to work physically in the Mayor's Office, which did not strip her of her functions or supervision over staff. As the provisions involved a criminal charge, they must be construed liberally in favor of the accused.

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    Elsie Causing filed a complaint against Mayor Biron claiming his order detailing her to the Mayor's Office during the election period violated COMELEC rules. Mayor Biron argued the detail was to closely supervise her performance due to complaints. The COMELEC dismissed the complaint for lack of probable cause, finding the movement did not equate to a prohibited transfer or detail under the law. The Supreme Court affirmed, as Causing remained the Municipal Civil Registrar and was merely required to work physically in the Mayor's Office, which did not strip her of her functions or supervision over staff. As the provisions involved a criminal charge, they must be construed liberally in favor of the accused.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views2 pages

    Causing vs. Comelec

    Uploaded by

    Jay-r Tumamak
    Elsie Causing filed a complaint against Mayor Biron claiming his order detailing her to the Mayor's Office during the election period violated COMELEC rules. Mayor Biron argued the detail was to closely supervise her performance due to complaints. The COMELEC dismissed the complaint for lack of probable cause, finding the movement did not equate to a prohibited transfer or detail under the law. The Supreme Court affirmed, as Causing remained the Municipal Civil Registrar and was merely required to work physically in the Mayor's Office, which did not strip her of her functions or supervision over staff. As the provisions involved a criminal charge, they must be construed liberally in favor of the accused.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    ELSIE S. CAUSINGv.

    COMMISSION ON ELECTIONS AND HERNAN


    D. BIRON, SR. G.R. No. 199139, 09 September 2014, EN BANC,
    (BERSAMIN, J.)
    The only personnel movements prohibited by COMELEC Resolution No. 8737 are
    transfer and detail. Transfer is defined in the Resolution as any personnel movement from one
    government agency to another or from one department, division, geographical unit or subdivision of a
    government agency to another with or without the issuance of an appointment; while detail as
    defined in the Administrative Code of 1987 is the movement of an employee from one agency to
    another without the issuance of an appointment.
    Elsie Causing assumed office as the Municipal Civil Registrar of Barotac
    Nuevo, Iloilo. Mayor Biron issued Memorandum No. 12, Series of 2010 (Office
    Order No. 12), commanding for the detailing of Causing at the Office of the
    Municipal Mayor.
    Causing filed the complaint claiming that issuance made by Mayor Biron
    ordering her detail to the Office of the Municipal Mayor, being made within the
    election period and without prior authority from the COMELEC, was illegal and it
    violated of Section 1, Paragraph A, No. 1, in connection with Section 6 (B) of
    COMELEC Resolution No. 8737. Mayor Biron countered that the purpose of
    transferring the office of Causing was to closely supervise the performance of her
    functions after complaints regarding her negative behavior in dealing with her coemployees and with the public transacting business in her office.
    The Provincial Election Supervisor recommended the dismissal of the
    complaint-affidavit for lack of probable cause. COMELEC En Banc affirmed the
    findings and recommendation.
    ISSUE:
    Is the relocation of Causing by Mayor Biron during the election period from
    her office as the Municipal Civil Registrar to the Office of the Mayor constitute
    a prohibited act under the Omnibus Election Code and the relevant Resolution of
    the COMELEC?
    RULING:
    No. Reassignment was not prohibited by the Omnibus Election Code there
    was no probable cause to criminally charge Mayor Biron with the violation of
    the Omnibus Election Code.

    UST Law Review, Vol. LIX, No. 1, May 2015

    The movement involving Causing did not equate to either a transfer or


    a detail within the contemplation of the law if Mayor Biron only physically
    transferred her office area from its old location to the Office of the Mayor. Causing
    is not stripped of her functions as Municipal Civil Registrar. She was merely
    required to physically report to the Mayors Office and perform her functions as
    Municipal Civil Registrar therein. Definitely, she is still the MCR, albeit doing her
    work physically outside of her usual work station. She is also not deprived of her
    supervisory function over the staff as she continues to review their work and signs
    documents they prepared. While she may encounter difficulty in performing her
    duties as a supervisor as she is not physically near her staff, that by itself, however,
    does not mean that she has lost supervision over them. Moreover, Causings tooliteral understanding of transfer should not hold sway because the provisions
    involved here were criminal in nature. Mayor Biron was sought to be charged with
    an election offense punishable under Section 264 of the Omnibus Election Code. It is a
    basic rule of statutory construction that penal statutes are to be liberally construed in
    favor of the accused. Every reasonable doubt must then be resolved in favor of the
    accused.

    UST Law Review, Vol. LIX, No. 1, May 2015

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