FACTS:

The petitioner, Dominador Regalado, Jr., was the Officer-In-Charge Mayor of the Municipality of Tanjay, Negros Oriental. He issued a memorandum informing the complainant, Editha Barba, that she would be reassigned to Barangay Sto. Niño, without obtaining prior approval from the Commission on Elections (COMELEC). The transfer was made during the election period, as petitioner's brother was a mayoralty candidate. Barba protested the transfer and filed a complaint against petitioner for violation of §261(h) of the Omnibus Election Code. The Regional Trial Court found petitioner guilty and sentenced him to imprisonment and disqualification from holding public office. The Court of Appeals affirmed the decision. Petitioner's motion for reconsideration was denied, leading to this appeal. Petitioner argued that the organizational structure and letters of appointment of the Rural Health Unit of Tanjay were not considered, that the memorandum was a reassignment and not a transfer, and that exigencies of service were not accounted for. The Court rejected petitioner's contentions and held that the elements of the offense under §261(h) were present.

ISSUES:

1. Whether the petitioner's reassignment of the private respondent constitutes a violation of Section 261(h) of the Omnibus Election Code.

2. Whether the exigencies of service were taken into account in the reassignment.

RULING:

1. The reassignment of the private respondent constitutes a violation of Section 261(h) of the Omnibus Election Code. The Court ruled that the elements of the offense under Section 261(h) are present, as there was a transfer or reassignment of a public officer without the prior approval of the COMELEC during the election period.

2. The Court held that the exigencies of service were not properly accounted for in petitioner's reassignment. The Court found that the reassignment was not made for any valid reason related to the exigencies of service, but rather as a means to remove the private respondent from her current assignment.

PRINCIPLES:

• Violation of §261(h) of the Batas Pambansa Blg. 881 (Omnibus Election Code) - The offense is committed when a public officer or employee is transferred or detailed within the election period without prior approval from the Commission on Elections (COMELEC).

• Exigencies of service - The transfer or reassignment of a public officer or employee should be made for valid reasons related to the exigencies of service, and not for personal or political motivations.