SC: Appointive officials may hold on to posts after filing COCs

Appointive officials wishing to run for elective government posts should no longer worry that they have to vacate their offices after filing their Certificate of Candidacies (COC). The Supreme Court ruled on Tuesday that officials can run for elective posts while holding on to their current appointive positions. The new ruling thus nullifies an earlier Commission on Election (Comelec) resolution stating that appointive officials are deemed resigned upon filing of their COCs. "Ito ay dahil ginawang pantay ng ating kataas-taasang hukuman ang mga elected at appointed officials (This is because the Supreme Court have made appointed and elected officials equal)," said SC spokesman Midas Maquez in an interview over radio dzBB. Marquez said the SC justices voted 8-6 in favor of the ruling, which was penned by Associate Justice Antonio Nachura, while Chief Justice Reynato Puno Jr. led in the dissenting opinion. Since the ruling has yet to be promulgated, the high court remains open to any party that wishes to challenge the decision, Marquez explained. The case stemmed from a petition filed by President Arroyo's political spokesperson, election lawyer Romeo Macalintal. Comelec asks, 'Why so late?' Comelec spokesperson James Jimenez branded the SC ruling as "very unfortunate" because it was issued on the last day of the filing of COCs. "They issued this so late already," Jimenez told GMANews.TV in a phone interview, but said he has yet to read the SC decision. Jimenez explained how the SC decision could have made a difference in the plans of appointed officials aspiring to run in 2010 but chose not to because of the Comelec resolution. "There might have been officials who stayed away from the filing because they know they would be considered resigned," he added. Jimenez expressed worries that due to the SC decision, some political aspirants who initially opted not to register as candidates might now change their minds and seek an extension of the COC-filing deadline. "If ever we get such extension request, of course we will deliberate on that. That will be a factor. But we have to remember there are other factors to consider," Jimenez said, stressing that the Comelec must ensure that automation is not delayed just because of an extension in the deadline of filing COCs. Prone to abuse Ateneo University political science professor Benito Lim said that, instead of leveling the playing field, the ruling would be disadvantageous to the contenders who are not in a powerful position. “Kasi yung mga nakaluklok puwede nilang gamitin, at talaga ginagamit nila yung resources ng opisina nila sa pangangampanya at nasa kanila ang lahat ng advantage (This is because those already in position can use, and actually use, the resources of their offices for their campaign, and they have all the advantages)," said Lim. According to Lim, the SC decision was a product of an “investment" made by President Gloria Macapagal Arroyo, since 14 out of the 15 SC justices were appointed by her. Recently, the SC also reversed an earlier decision when it ruled in favor of the "infomercials" and "advocacy ads" by government officials planning to run in an upcoming election. [See: SC: Infomercials before campaign period legal] – JV, GMANews.TV