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No Automatic Resignation for Appointed Public Officers too -DILG

January 31, 2010

By Lizanilla J. Amarga

The Department of Interior and Local Government in Cagayan de Oro City (DILG-CDO) clarified that appointed government officials are not considered automatically resigned once filed their certificates of candidacy for this May 2010 National and Local Elections.

DILG-CDO head Emilio T. Rana said the Supreme Court just last month struck down as unconstitutional certain provisions in election laws that deemed appointed officials automatically resigned once they filed their certificates of candidacy (CoCs).

He said there is now difference in the treatment of appointive officials from that of elective officers when it comes to electoral candidacy and automatic resignation.

“Parehas na karon ma-elected or appointed man bisan u gang imong gi-daganan mas-ubos or mas-taas nga position wala nay diperensya (Everything is the same now whether elected or appointed whether you are running for a higher position or a lower one there is no more difference).,” he told reporters.

“Daghan gihapon karon nagtuo nga dili na sila makabalik sa ilang appointed position kung modagan sila sa atong umaabot nga eleksyon kay lagi automatic resigned sila (There are still a number of people who are convinced that they may no longer go back to their old appointed position once they decide to join the election race as they think they are automatically resigned),” he added.

Still, Rana cautioned appointive officials who are gunning for a post in the May 2010 elections to refrain from using his public position and the government resources that it entails to gain any advantage in the elections.

In a 30-page decision penned by Justice Antonio Eduardo B. Nachura, the Court declared as unconstitutional  the second provision in the third paragraph of Section 13 of RA No 9369, Section 66 of the Omnibus Election Code, and Section 4(a) of the Commission on Elections (COMELEC) Resolution No. 8678.

The Court held that there was no valid justification to treat appointive officials differently from the elective ones.

Nevertheless, Rana said that this new Supreme Court ruling does not however include government workers wherein the personnel were appointed to occupy co-terminus positions with those elected officials whose terms are to end this June 31, 2010.

Written by admin · Filed Under Feature 

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