Supreme Court warns government bets vs electioneering
By Edu Punay (The Philippine Star) Updated February 24, 2010 12:00 AM
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MANILA, Philippines - Supreme Court (SC) officials warned of possible cases of electioneering against
those who would not comply with the ruling that upheld a provision in election laws requiring Cabinet
members and other appointed government officials to resign from their posts upon filing of certificate of
candidacy (COC).
SC spokesman Jose Midas Marquez, however, said the ruling requiring appointed officials seeking elective
positions in the May elections to resign needs clarification.
“There seems to be confusion if this ruling is immediately executory or not. It is best if a petition to clarify the
resolution is filed with the court,” he told a press conference yesterday, adding that the case is “rather
unusual.”
He noted that the SC had ruled twice on the constitutionality of Section 66 of the Omnibus Election Code and
the second proviso in the third paragraph of Section 13 of Republic Act 9369, or the Poll Automation Law,
which provides that any appointive government official “shall be ipso facto (as a result) resigned upon their
filing of COC” without any directive involving implementation.
“This (deemed-resigned rule) is a prevailing provision of the law. The SC has not issued any TRO
(temporary restraining order) in its decision last December 2009 to restrain the enforcement of this law and
there was no finality in the ruling,” he explained.
Asked if appointed officials can remain at their posts pending clarification from the SC, Marquez replied:
“That will be their own lookout. They may be made answerable later on.”
“There are provisions in election (laws) that can be filed against them by their rivals. They run the risk of
being disqualified. For those who think they need not vacate their posts, their rivals may later on file
electioneering cases,” Marquez warned.
Election lawyer Romulo Macalintal, counsel for petitioners Undersecretary Eleazar Quinto and Director
Gerino Tolentino of the Department of Environment and Natural Resources, said they plan to appeal the SC
ruling.
“Delicadeza is not an issue here but equal application of law for elective and appointive officials who are
both civil service officials. Why are only appointive officials suspected to be prone to use public funds? Aren’t
the elected officials the ones who are using government funds for their campaign?” he said in a statement.
GMA ready to replace Cabinet execs
Press Secretary Crispulo Icban said President Arroyo would have no problem filling up posts to be vacated
by Cabinet officials who are running in the May elections.
“She’s always studying. She’s always preparing for anything that might happen. I think there is (a list of
replacements) already. Anyway, these people (Cabinet officials running in the polls) are ready to resign, like
Executive Secretary (Eduardo) Ermita,” Icban told reporters.
He said the President has some people in mind.
“She is prepared to name people. The President is meticulous. She is always thinking ahead,” he said.
Nacionalista Party standard-bearer Sen. Manuel Villar Jr. urged Malacañang to let go of Cabinet members
running in the May 10 elections and respect the decision of the Supreme Court.
“President Arroyo should not wait a minute longer in signing the release papers of the members of her
Cabinet who are running for elective posts. The High Court has already spoken,” Villar said in a statement.
“I also warn the Arroyo administration (against) seeking a reconsideration of the decision, as it would only
lead to objectionable results,” he added.
Speaker Prospero Nograles, who is running for mayor in Davao City, said appointed officials in the Arroyo
administration who are seeking elective posts should abide by the SC ruling.
“The SC has spoken and all lawyers must abide when the decision becomes final after the motion for
reconsideration is acted upon, our personal opinions notwithstanding,” he said in a text message.
Nograles, Lakas-Kampi-CMD chairman, also expressed confidence that Mrs. Arroyo may already have
replacements in mind. “I’m sure the President has already made a list of replacements for these officials.
“The Palace can still appeal the SC’s decision, but as a lawyer, I’m sure that all the appointive members of
the Cabinet who are running for elective posts will voluntarily step down once the high court’s decision
becomes final and executory,” the Speaker added.
Former senator Ralph Recto of the opposition Liberal Party advised Mrs. Arroyo to pick replacements from
among the rank and file.
“The replacements should come from the career ranks. Tapping career executives would ensure continuity
of programs and prevent disruption of services,” he said.
Recto asked Malacañang to “resist the temptation” of naming “graduating politicians” to Cabinet posts or key
agencies to be vacated by department heads running in the May 10 elections.
Opposition leader Makati Mayor Jejomar Binay lauded Chief Justice Reynato Puno for writing the decision
that bars appointed officials from using the vast resources of their offices to promote their electoral
campaign, to the detriment of other candidates who use their private funds to reach out to people and offer
themselves as public servants.
Binay, vice presidential bet of the Partido ng Masang Pilipino, said the ruling affirmed the constitutionality of
three provisions in elections laws that deemed appointive officials automatically resigned after filing their
COCs.
Sen. Francis Escudero lauded the Supreme Court for finally ruling that appointed government officials
running for public office should resign.
Bayan Muna party-list Rep. Neri Colmenares threatened to file disqualification cases against Cabinet
members and other officials who running for the May 10 elections but refused to resign from office.
Colmenares said these officials should immediately quit in the wake of the SC decision that the law
considers appointive officials resigned upon the filing of their certificates of candidacy (COC).
Liberal Party senatorial bet Franklin Drilon said that especially since the SC has ruled, government officials
running for public office should all the more exhibit delicadeza and resign. With Paolo Romero, Delon
Porcalla, Jess Diaz, Christina Mendez, Jose Rodel Clapano
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