MANILA, Philippines — The Supreme Court (SC) has barred the Commission on Elections (Comelec) from implementing a rule that allowed public appointive officials to continue holding office even after being nominated as a party-list representative.
According to SC spokesperson Camille Sue Mae Ting, in a session yesterday, the SC issued a temporary restraining order (TRO) stopping the Comelec from implementing Section 11 of its Resolution 11045, effective immediately.
“All parties are required to observe the status quo, that public appointive officials are deemed resigned upon filing their certificate of candidacy,” Ting said in a press briefing.
The TRO was sought by election lawyer Romulo Macalintal, who asked the SC to nullify the said Comelec rule, arguing that it violates the Constitution and existing jurisprudence, saying that “no officer of the civil service shall engage directly or indirectly, in any electioneering or partisan political activity.”
The SC also gave the Comelec 10 days to comment on Macalintal’s petition.
Ting explained that the TRO was issued because based on jurisprudence, an appointive official is deemed resigned once they file their certificate of candidacy (COC) as they are not allowed to continue holding office.
She, however, clarified that the Comelec rule only pertained to nominees of party-list representatives.
Comelec Chairman George Erwin Garcia welcomed the TRO issuance.
“As we said before, we support the filing of the petition to the extent of hopefully clarifying certain gray areas in the law and existing jurisprudence,” he said.
Garcia said 15 groups had earlier filed their CON-CAN and if it is found they have appointive public officials, those officials will be considered resigned upon yesterday’s filing due to the TRO. — Mayen Jaymalin