With Nov. 30 fast approaching, which translates, for the Gloria Arroyo administration, losing a majority of her key men on the Cabinet and sub-Cabinet level, as they, being appointive officials, are mandated by the poll body to resign upon filing their certificates of candidacy, it was not surprising for Gloria allies, represented in court by her election lawyer, Romulo Macalintal, to bring up the issue of resignation before the high court.
It would never have been Cabinet level officials who would be questioning the Commission on Elections (Comelec) rule, but an undersecretary and a bureau director tapped to question this order. But the fact that Macalintal is their lawyer, that’s the tell-tale sign that Gloria and her Cabinet officials are behind this move to lengthen their stay in their appointive offices.
Lengthening their stay naturally, provides them the opportunity to utilize their positions while campaigning for their elective posts.
Malacañang, through Macalintal, wants the high court to slap a temporary restraining order (TRO) in stopping the Comelec from implementing a provision in Resolution No. 8678 which provides a rule on government officials, including members of the military who intend to participate in the 2010 elections as candidates. The rule provides that “any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and other officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy (CoC).”
Incumbent elected officials do not have to resign, only appointed officials.
Resigning from an appointive position was hardly a problem in the past. But with the Comelec insisting on automated polls, despite the fact that it is not ready to conduct one without any snags, the poll body not only advanced the deadline for the filing of candidates’ CoCs, but also created the situation of the candidates making official their candidacies much earlier than 120 days before polling day, thus making themselves certified candidates but banned from campaigning until official campaign time of 120 days prior to the elections, comes around.
The reason Comelec gives is that of automated polls requiring a lead time for the inclusion of printed names in the electronic ballot.
Thus, the argument of Macalintal that appointive officials running for an elective seat, in filing their CoCs, are not as yet considered candidates and become one only when the official campaign period starts.
That’s all to the legal fine, but the motive is suspect.
If these two petitioners are that determined to run for an elective seat, why can’t they give up their appointed positions early? Filing their CoCs in advance, and resigning immediately, they will have more time to campaign in their respective districts or provinces, rather than stay in their appointive posts and be unable to interact with their constituents until the official campaign time sets in.
After all, these same appointed officials stay in Manila, and will naturally have little or no time for their constituents.
But of course, it is not their argument, but the argument of Malacañang. It will be losing, by next month, all its Cabinet officials who are running for elective posts, and they will have to resign, which will leave Gloria with second raters up till June 30, 2010.
But if one thinks about it, what’s the difference really if the same Cabinet and sub-Cabinet officials resign on Nov. 30, or on February 2010? So they stay three more months in their appointed positions, but will have to resign anyway. So why hang on to their posts?
There is a big difference of course. While they stay on at their appointed posts, they can use their offices and positions, and even the perks of their offices to campaign, and also use government resources for it.
That’s what the legal fight is all about, and Malacañang knows it.
Source: http://www.tribune.net.ph/commentary/20091021com1.html
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