Councilor asks Supreme Court to declare election law clause unconstitutional

MANILA, Philippines – A Parañaque City councilor who is running for barangay chairman asked the Supreme Court yesterday to declare as “unconstitutional” Section 67 of the Omnibus Election Code, which considers an incumbent official resigned if he seeks another local post.

In his 11-page motion for intervention, Councilor Eric Baes said if the provision will be upheld, it would be “disadvantageous” to him because Dulio Cailles – a son of his rival, Rolando Cailles, in the Oct. 25 barangay elections – allegedly did not even resign as barangay captain after he filed his candidacy for barangay councilman.

“(I’m) hoping that the application of election laws would be indeed be equal and fair to all candidates regardles of what position they are seeking,” Baes told The STAR. Baes is seeking to be the barangay captain of Barangay Baclaran.

Section 67 of the Omnibus Election Code states that “any elective official, whether national or local, running for any office other than the one which he is holding in a permanent capacity, except for President and Vice President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.”

Baes also asked the court to repeal the said clause, which was included Commission on Elections Resolution 9029, its guidelines for the barangay elections.

Baes asked the SC for an “oral argument and speedy resolution” of the case.