Comelec to contest SC rule on appointive execs

The Commission on Elections (Comelec) on Wednesday said that it will soon be contesting the decision of the Supreme Court (SC) allowing appointive officials to stay in office even after they have filed their certificates of candidacy (COC). “We have instructed the Law Department to file a motion for reconsideration pertaining to the decision penned by Justice Nachura allowing appointed officials to file their candidacy and appointed officials are not considered resigned," said Commissioner Gregorio Larrazabal. Larrazabal was pertaining to the SC decision saying that officials can run for elective posts while holding on to their current appointive positions, nullifying an earlier poll body resolution stating that such officials are deemed resigned upon filing their COCs. The ruling came out on the last day of the filing of COCs. The period of filing ran from November 20 until December 1 at 12 midnight. Asked by reporters if the poll body should be the one to file an MR with the high court, Larrazabal said that although they have a stake in the matter, they cannot ignore the kind of “conflict" that the decision imposes on the electoral system. “Looking at the decision itself, we tend to find merit in the arguments of Chief Justice Puno and the other two dissenting opinions," he said. As an example, the commissioner cited the case of at least six Comelec personnel who will be running in the 2010 elections. “With them there is a conflict of interest in their requirement to provide service as Comelec officials and in their running for office," said Larrazabal. Among the seven are election officers Francis Likigan (Buguias, Benguet), Mac Laylay (Kabugao, Apayao), Atty. Orlino Agatep (Tuguegarao), Alfonso Combong III (Hamtic, Antique), Raymond Gunda (Borongan, Samar) and election assistant Myrna Bragado (San Emilio, Ilocos Sur). Earlier, the Comelec issued Resolution 8709 directing all regional election directors to immediately remove from office all Comelec personnel who have filed their COC for the 2010 polls. But after their relief from their current post, Larrazabal said they will be required to report to the Comelec main office in Manila where they will have the option to resign or be reassigned. “Normally the procedure before is, Comelec officials wait for their retirement and then file or they would resign and file. Now they filed without resigning. So...it’s still the prerogative of the Comelec to assign them or designate them to perform other duties as we deem appropriate," he said. - GMANews.TV