Bernardo Calibo, head of Napolcom’s personnel and administrative service, raised the warning in a bid to stop officer-in-charge Linda Malenadh-Hornilla from implementing the revamp set for today.
Calibo himself will be affected by the revamp. On Hornilla’s order, he will be transferred to Napolcom Region 7 office in Cebu.
Calibo challenged Hornilla’s order before the Comelec and the Ombudsman. Calibo said a reshuffle at this time would be a violation of Comelec resolution No. 7770 prohibiting the reshuffling of government personnel from Jan. 14 to June 13 this year.
He said that Hornilla signed Special Order (SO) 2007-13 on Jan. 19, or five days after the start of the election ban on reassignments, and made it appear that Napolcom chairman and Interior Secretary Ronaldo Puno signed and approved it last Jan. 12.
"The Napolcom has dismissed so many policemen for falsification of public documents and here is a Napolcom commissioner herself doing the very same thing: falsification of public documents," Calibo said.
Calibo said he would also use as evidence a Feb. 15 memorandum issued by Hornilla giving him and 10 others until today to proceed to their new assignments.
He said Hornilla issued the memorandum two days after the first Comelec hearing on his complaint.
"Respondent Hornilla cannot, while proceedings are ongoing, act upon or otherwise implement the questioned Special Order (2007-13) of transfer she formulated because it is the very matter in issue as to its legality," Calibo’s lawyer Leandro Cedo said.
In ordering the revamp, Hornilla said the Comelec exempted the Napolcom from the election ban on Feb. 5.
"The Comelec exemption is of no moment because the offense of falsification of public documents has already been consummated," Calibo said.
"Since Hornilla deceived the Comelec by giving it non-existent justification, there is therefore no basis for the grant of exemption. The exemption would have to be declared null and void," he added. Comelec set the next hearing on the case on Feb. 23.