Gov’t execs running in 2010 seek way to keep post

October 19, 2009 20:39:00
Norman Bordadora
Philippine Daily Inquirer

MANILA, Philippines -- President Macapagal-Arroyo’s election lawyer on Monday asked the Supreme Court to nullify a Commission on Election resolution that would deem appointed government officials resigned upon the filing of their certificates of candidacy on or before Nov. 30.

In a petition he filed for two Department of Environment and Natural Resources officials, election lawyer Romulo Macalintal said the Comelec committed a grave abuse of discretion in coming up with the provision.

He said the advance filing of COC’s under the amended poll automation law was only for the purpose of printing the names of candidates on ballots meant for the precinct count optical scan system to be used in the 2010 elections.

Macalintal said those who would file their COC’s on or before Nov. 30 would be considered candidates upon the start of the campaign period in February 2010.

“The law is very clear in that the persons filing in advance their COC’s are not yet considered as ‘candidate’ as of Nov. 30 but will only be considered as such candidates upon the start of the campaign period for which they filed their COC’s,” Macalintal said.

“Thus if they are not yet candidates as of Nov. 30, how could they be considered as ‘candidate’ who should be considered as automatically resigned on such date? The better rule is to consider them as candidate only upon the start of the campaign period in February 2010 for national positions and March 2010 for local positions,” he added.

Macalintal filed the petition in behalf of DENR undersecretary Eleazar Quinto and director Gerino Tolentino. Quinto is eyeing a congressional seat in Pangasinan while Tolentino is running for councilor in Quezon City.

The election lawyer said there was an apparent discrimination and violation of the equal protection clause of the Constitution because elective officials would not be considered resigned should they file their COC’s on Nov. 30 and “could even hold on to their positions after the elections.”

“Furthermore the resolution was based merely on the Omnibus Election Code which applies to a manual election without considering the fact that the 2010 elections shall be automated and covered by the Automated Election Law,” Macalintal said.

“Even in the case of Lanot versus Comelec and Penera versus Comelec, the Supreme Court made it clear that the advance filing of COC’s in an automated polls shall only be for purposes of printing the ballots and that the filer shall not immediately make him a ‘candidate’,” he said.


Source: http://politics.inquirer.net/view.php?db=1&article=20091019-230941