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  This web page contains the full text ofCOMELEC Resolution No. 3529IN THE MATTER OF THE ADDENDUM TO SEC. 2 OF RESOLUTION NO. 3401, PROMULGATED ON 15 DECEMBER 2000 RE ENFORCEMENT OF THE PROHIBITION AGAINST APPOINTMENT, ETC. IN CONNECTION WITH THE MAY 14, 2001 ELECTIONS.

Read the full text of:chanroblesvirtuallawlibrary COMELEC Resolution No. 3401ENFORCEMENT OF THE PROHIBITION AGAINST APPOINTMENT OR HIRING OF NEW EMPLOYEES; CREATION OR FILING UP OF NEW POSITIONS; GIVING SALARY INCREASES; TRANSFERRING/DETAILING CIVIL SERVICE EMPLOYEES; AND SUSPENSION OF ELECTIVE LOCAL OFFICIALS IN CONNECTION WITH THE MAY 14, 2001 ELECTIONS.

This pertains to the Memorandum dated 08 January 2001 of Executive Director Mamasapunod M. Aguam submitting the recommendation of the Senior Staff as an addendum to Sec. 2 of Resolution No. 3401, promulgated on 15 December 2000.

The Memorandum of Executive Director Aguam reads:chanroblesvirtuallawlibrary

"The undersigned respectfully submits the recommendation of the Senior Staff on the following as an addendum to Sec. 2 of Resolution No. 3401, to read as follows:chanroblesvirtuallawlibrary

"x x x

"Any request for authority to suspend an elective city or barangay officer shall be submitted in writing to the Commission, together with the formal complaint executed under oath and containing the specific charges.

"Any request for authority to appoint or hire new employees, or to create and fill new positions shall be submitted in writing to the Commission stating all the necessary data and reasons for the same. The Commission shall not grant the authority unless it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in any manner that may influence the result of the election."

Premises considered, the Commission resolved, as it hereby resolves, to approve the addendum to Sec. 2 of Resolution No. 3401, promulgated on 15 December 2000 to read as follows:chanroblesvirtuallawlibrary

"Sec. 2.

"x x x

"ANY REQUEST FOR AUTHORITY TO SUSPEND AN ELECTIVE CITY OR BARANGAY OFFICER SHALL BE SUBMITTED IN WRITING TO THE COMMISSION, TOGETHER WITH THE FORMAL COMPLAINT CONTAINING THE SPECIFIC CHARGES, EXECUTED UNDER OATH AND THE ANSWER TO SAID COMPLAINT.

"ANY REQUEST FOR AUTHORITY TO APPOINT OR HIRE NEW EMPLOYEES, OR TO CREATE AND FILL NEW POSITIONS SHALL BE SUBMITTED IN WRITING TO THE COMMISSION STATING ALL THE NECESSARY DATA AND REASONS FOR THE SAME. THE COMMISSION SHALL NOT GRANT THE AUTHORITY UNLESS IT IS SATISFIED THAT THE POSITION TO BE FILLED IS ESSENTIAL TO THE PROPER FUNCTIONING OF THE OFFICE OR AGENCY CONCERNED, AND THAT THE POSITION SHALL NOT BE FILLED IN ANY MANNER THAT MAY INFLUENCE THE RESULT OF THE ELECTION."

Let the Education and Information Department cause the publication hereof in two (2) newspapers of general circulation.

SO ORDERED.

(Sgd.) HARRIET O. DEMETRIOU, Chairman

(Sgd.) JULIO F. DESAMITO, Commissioner

(Sgd.) TERESITA DY-LIACCO FLORES, Commissioner

(On Official Business) LUZVIMINDA G. TANCANGCO, Commissioner

(Not Present) RALPH C. LANTION, Commissioner

(On Sick Leave) RUFINO S.B. JAVIER, Commissioner

(Sgd.) MEHOL K. SADAIN, Commissioner

Promulgated: 01 February 2001.