G.R. No. 199139, September 9, 2014
ELSIE S. CAUSING, Petitioner, vs. COMMISSION ON ELECTIONS AND HERNAN D. BIRON, SR., Respondents.

FACTS

Petitioner Elsie S. Causing was the Municipal Civil Registrar of Barotac Nuevo, Iloilo. On May 28, 2010, during the election period, respondent Municipal Mayor Hernan D. Biron, Sr. issued Office Order No. 12, detailing Causing to the Office of the Municipal Mayor, stating she would receive direct orders from him. On the same date, Office Order No. 13 detailed Catalina V. Belonio to the Office of the Local Civil Registrar as “LCR-Designate.” On June 1, 2010, Mayor Biron issued Memoranda Nos. 17 and 17-A, directing Causing to report to the Office of the Mayor to sign documents there, with preparation of documents to be done at the MCR office, and repealing Office Order No. 12. Causing filed a complaint-affidavit, alleging these orders constituted an illegal transfer or detail during the election period without prior COMELEC authority, violating COMELEC Resolution No. 8737 and Section 261 of the Omnibus Election Code. Mayor Biron countered that the relocation was to closely supervise Causing due to complaints about her behavior, that she retained her functions, rank, and salary, and that it was a management prerogative. The Provincial Election Supervisor recommended dismissal for lack of probable cause. The COMELEC En Banc affirmed, finding no transfer or detail but merely a physical relocation of her workspace without stripping her of functions.

ISSUE

Whether the relocation of petitioner Causing from her office as Local Civil Registrar to the Office of the Mayor during the election period constituted a prohibited transfer or detail under the Omnibus Election Code and COMELEC Resolution No. 8737.

RULING

The petition has no merit. The Supreme Court ruled that the relocation did not constitute a prohibited transfer or detail. A “transfer” involves a movement from one position to another of the same rank and salary, while a “detail” is a movement to another agency or organizational unit for a limited period. The Court found that Causing was not transferred or detailed; she remained the Municipal Civil Registrar, performed the same functions, retained her rank and salary, and was merely required to physically report to the Mayor’s office a few steps away. This was a mere physical relocation of her workspace, not a personnel movement covered by the prohibition. The Court upheld the COMELEC En Banc’s finding of no grave abuse of discretion, as its conclusion was based on substantial evidence and not arrived at arbitrarily. The Court also noted that Causing failed to file a motion for reconsideration before the COMELEC, a procedural lapse, though it chose to address the substantive issues. The acts of Mayor Biron were within his power of supervision and control as local chief executive under the Local Government Code.