Appointed execs running for public office deemed resigned

Appointed government officials running for elective posts in the May 2010 elections are now considered resigned, the Supreme Court said in a decision that reversed a previous ruling. The Supreme Court en banc on Monday voted 10-5 favoring a motion to reconsider its December 1 ruling that permitted appointive officials to run without giving up their positions, radio dzBB said. In a ruling penned by Chief Justice Reynato Puno in Eleazar Quinto vs. the Commission on Elections (Comelec), the high court said it found “a valid distinction between appointive and elective positions." The decision meant that the third paragraph of Section 13 of Republic Act 9369 or the Amended Automated Elections System Law, and Section 66 of the Omnibus Election Code were constitutional, contrary to the December 1 decision. Section 66 of Batas Pambansa Blg. 881, or the Omnibus Election Code, states that, “Any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy." Court administrator and spokesman Midas Marquez said the retirement of Justice Minita Chico-Nazario last December 6 - or five days after the first ruling was issued - affected the turnout of voting among the magistrates. In the December 1 ruling, Puno was among those who made dissenting opinions when the justices voted 8-6 in favor of the ruling penned by Associate Justice Antonio Nachura. [See: SC: Appointive officials may hold on to posts after filing COCs] Adding to the five justices who earlier dissented from the December 1 majority ruling were five more magistrates including newly-appointed Associate Justice Jose Mendoza (appointed in January 2010) and Associate Justice Jose Perez (appointed in late December 2009), as well as Associate Justice Arturo Brion and Justice Mariano del Castillo (appointed in August 2009), who changed their votes. Marquez said with the latest resolution, the government is now required to look for replacements of appointed officials who have filed their certificates of candidacy last November 2009. 4 Cabinet execs affected In Malacañang, deputy presidential spokesperson Charito Planas said they would abide by the SC decision. “Ang gagawin na lang natin ay sundan na lang (We will follow the court ruling)." "Sa issue ng Supreme Court, pwede ka pang mag-file ng reconsideration. At kung maganda at nakumbinsi mo sila na kunsiderahin at baguhin, nasa sa kanila iyan. Kung ano ang decision niyan, iyan na ang final," she added. (A motion for reconsideration can still be filed. And if you have good arguments to convince the court to reconsider and change its the decision, it's up to the court. Whatever the SC's decision will be is final.) Planas said most of the Cabinet officials running in May 2010 have already resigned, except for Justice Secretary Agnes Devanadera, Executive Secretary Eduardo Ermita, Presidential Management Staff head Hermogenes Esperon, and Agriculture secretary Arthur Yap. Devanadera is running for congresswoman of the 1st District of Quezon, while Ermita is also eyeing a seat in Congress as representative of the 1st District of Batangas. Esperon and Yap, meanwhile, are running for congressmen of the 6th and 3rd districts of Pangasinan and Bohol, respectively. Former Cabinet secretary Silvestre Bello III earlier resigned before he filed his certificate of candidacy to run for senator under the ticket of the administration party Lakas-Kampi-CMD. [See: Secretary Bello quits, to attend next Cabinet meet] - KBK, GMANews.TV