Election law violation complaint filed vs. BI chief

February 14, 2013 11:30 pm 

MANILA, Feb. 14 — A complaint has been filed against Immigration Commissioner Ricardo David Jr. for violation of the election ban after he ordered the transfer of an immigration official.

Former BI intelligence chief Faizal Hussin said the Feb 6 order of the BI Chief that transferred him from the BI main office to the immigration office at the Philippine Economic Zone Authority (PEZA) is prohibited under the Omnibus Election Code.

“That act complained of is…an election offense (under) the Omnibus Election Code and Comelec Resolution 9385,” he said in his three-page complaint.

Hussin noted that the election ban on transfers took effect on January 13 and that David did not obtain an exemption from the Comelec or the approval from Justice Secretary Leila de Lima.

“Said personnel order was prepared by (lawyer) Grace Gaudelyn B. Lara (David's executive assistant), and other John Does. The initial of Atty. Lara is shown at the left lower portion of the printed name Ricardo David Jr.,” he explained.

The BI official was removed from his post after the controversial deportation of 14 Taiwanese fraud suspects to mainland China in February 2011. He appealed to the Civil Service Commission, which ordered his reinstatement in October 2012.

On November 22, 2012, de Lima ordered the bureau to implement the CSC decision but Hussin said David refused and instead named him as the acting chief of the BI office at PEZA.

Hussin said he wrote David when the order came out asking the latter recall it. David replied the next day saying that his order was legal.

“We are of the opinion that your designation as the acting chief of BI PEZA Extension Office is not in violation of any provision of law and was made in the exigency of the service,” the BI chief said in his reply Hussin.

Also on Feb 7, Hussin wrote Comelec chair Sixto Brillantes, Jr. after learning that David was seeking a Comelec exemption. (PNA)

HBC/FGP/ABB

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