The reason? Customs Commissioner Antonio Bernardo learned belatedly that consummating the reshuffle would violate a 40-day ban on personnel movement within the government in view of the synchronized barangay and Sangguniang Kabataan elections on July 15.
Section 261 of the Omnibus Election Code prohibits the transfer of government officials and employees within a 40-day period prior to an election and anybody who makes or causes any transfer is deemed guilty of an election offense for which he can be imprisoned for up to six years.
Bernardo actually signed the replacement of Tan by Bibit on May 30, just a day outside the ban’s coverage. But the law applies to the date of the actual transfer, not the date the transfer order was signed.
Bibit was the former Customs district collector of Clark Field in Pampanga. Tan would have been assigned to the human resource management department of the Bureau of Customs’ head office in Manila.
Because of the election ban, Bernardo said, "Status quo lang muna habang hinihintay pa natin ang approval ng Comelec (We’ll maintain the status quo while we wait for the approval of the Comelec)." — Freeman News Service