De Guzman v. COMELEC

Facts: RA 8180 (Voter’s Registration Act of 1996) was enacted, sec 44 thereof provides:

“SEC. 44. Reassignment of Election Officers.—No Election Officer shall hold office in a particular city or municipality for more than four (4) years. Any election officer who, either at the time of the approval of this Act or subsequent thereto, has served for at least four (4) years in a particular city or municipality shall automatically be reassigned by the Commission to a new station outside the original congressional district.”

Thereafter, COMELEC issued several directives reassigning the petitioners, who are either City or Municipal Election officers, to different stations. Petitioners assailing the constitutionality of Sec. 44 of RA 8180, contending that it undermines the constitutional independence of COMELEC and COMELEC’s constitutional authority to name, designate and appoint and then reassign and transfer its very own officials and employees.

Issue: w/n Sec. 44 of RA 8180 is valid and constitutional

Ruling: Yes, it is valid. Sec. 44 of RA 8189 do not undermines the authority of COMELEC to appoint its own officials and employees. Sec. 44 establishes a guideline for the COMELEC to follow. Said section provides the criterion or basis for the reassignment or transfer of an election officer and does not deprive the COMELEC of its power to appoint, and maintain its authority over its officials and employees. As a matter of fact, the questioned COMELEC resolutions and directives illustrate that it is still the COMELEC which has the power to reassign and transfer its officials and employees. But as a government agency tasked with the implementation and enforcement of election laws, the COMELEC is duty bound to comply with the laws passed by Congress. The independence of the COMELEC is not at issue here. There is no impairment or emasculation of its power to appoint its own officials and employees. In fact, Sec 44 even strengthens the COMELEC’s power of appointment, as the power to reassign or transfer is within its exclusive jurisdiction and domain.