Title
Aquino vs. Commission on Elections
Case
G.R. No. 211789-90
Decision Date
Mar 17, 2015
Dr. Aquino reassigned PHIC officers pre-election; COMELEC alleged violation of transfer ban. Supreme Court ruled reassignment occurred pre-ban, reversing COMELEC's decision.
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Case Digest (G.R. No. 211789-90)

Facts:

Background of the Case
The case involves Dr. Rey B. Aquino, then President and CEO of the Philippine Health Insurance Corporation (PHIC), who issued PhilHealth Special Order No. 16, Series of 2010 (reassignment order) on January 8, 2010. The order directed the reassignment of several PHIC officers and employees for organizational efficiency and professional growth.

Implementation of the Reassignment Order
On the same day, the reassignment order was released via PHIC's intranet service to all officers and employees, including Dennis Adre, Masiding Alonto, and Khaliquzzaman M. Macabato. On January 11, 2010, Aquino issued an Advisory implementing the reassignment order, directing the officers to report to their new assignments within specified deadlines.

Complaints Filed
Dean Rudyard A. Avila III filed a complaint before the Commission on Elections (COMELEC) on January 18, 2010, alleging that Aquino violated COMELEC Resolution No. 8737 in relation to Section 261(h) of the Omnibus Election Code (BP 881). Similar complaints were filed by Adre, Alonto, and Macabato on February 1, 2010. The cases were docketed as E.O. Case No. 10-003 and E.O. Case No. 10-008.

Aquino's Defense
Aquino argued that the reassignment order was issued before the election period (which began on January 11, 2010) and was therefore not covered by the transfer ban under COMELEC Resolution No. 8737. He also sought a declaration from COMELEC that the reassignment order was beyond the purview of the resolution.

COMELEC Resolutions
On October 19, 2012, the COMELEC directed its Law Department to file charges against Aquino for violating the transfer ban, finding that the reassignment order was implemented during the election period without prior COMELEC approval. This resolution was affirmed on February 18, 2014.

Issue:

  1. Whether the reassignment of PHIC officers and employees by Aquino violated COMELEC Resolution No. 8737 in relation to Section 261(h) of BP 881.
  2. Whether the COMELEC gravely abused its discretion in holding Aquino liable for the reassignment order.
  3. Whether the term "reassignment" falls under the prohibition of Section 261(h) of BP 881.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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