Appointees running in polls but who refuse to resign may be disqualified

Appointive officials who are running in the coming elections but refuse to resign should be prepared to face possible disqualification, the Commission on Elections (Comelec) warned on Wednesday. Those who refuse to resign might be judged guilty of committing an election offense, Comelec chairman Jose Melo said, citing a Supreme Court decision that appointive officials who run for public office are deemed resigned. “If not withstanding the decision of the Supreme Court, they continue to discharge their function, it may be an election offense, I’m having that studied by the law department," he said in a press briefing. An election offense is punishable by one to six years imprisonment, disenfranchisement, and disqualification from holding public office. “[They shouldn’t] take the risk anymore," Melo said. “If I were a candidate, para hindi ako mapansin, para hindi ako macricitize, mag-reresign ako (so that I won’t be noticed, so that I won’t be criticized, I will resign)," he added. Under the law, appointive officials should have resigned upon the filing of their certificates of candidacy (COC), which ran from November 20 until December 1. 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." But last December, the SC came out with a decision saying that officials can run for elective posts while holding on to their current appointive positions. The decision nullified an earlier poll body resolution stating that such officials are deemed resigned upon filing their COCs. In a minute resolution on Monday, however, the high court reversed its ruling. Incumbent appointive officials who are still in office have had enough time to “enjoy" their terms, Melo said. “Almost four months na silang extrang nakaupo ang enjoying their position and at the same time being able to campaign (They have held office and were able to campaign for almost four extra months)," he said. In a separate interview, Comelec Law Department head Ferdinand Rafanan said that the department is “very happy" with the high tribunal’s ruling. “Tuwang-tuwa (I am very happy) for the law department and for myself. Tama itong decision ngayon (The decision was right). (It is) in accordance with the two provisions of the constitution," he said. In the meantime, Parish Pastoral Council for Responsible Voting (PPCRV) chairman Henrietta De Villa said that officials who do not follow this rule should not even be considered as candidates worthy of votes. “Hindi sumusunod sa batas e, bakit iboboto pa (They don’t follow the law, so why should anyone vote for them)? Their (the public’s) votes must be principled, involved, and engaged… responsible voting dapat," she said in an interview with reporters. Appointees already planning to vacate posts Incumbent Cabinet officials seeking seats in the House of Representatives are Justice Secretary Agnes Devanadera (Quezon, 1st district), Executive Secretary Eduardo Ermita (Batangas, 1st district), Presidential Management Staff head Hermogenes Esperon (Pangasinan, 6th district), and Agriculture Secretary Arthur Yap (Bohol, 3rd district). In the meantime, chief legal counsel Raul Gonzalez is running for mayor of Iloilo City. On Tuesday, Press Secretary Crispulo Icban Jr. said several of these officials are already planning to vacate their posts even though the SC has not issued a final decision. He said Ermita is one of those planning to resign soon, and that Transportation and Communication Secretary Leandro Mendoza is one of those being considered as his replacement. But Deputy presidential spokesman Gary Olivar said the immediate resignation of Yap may disrupt the implementation of several government programs. Icban, however, said that President Gloria Macapagal-Arroyo has already started considering possible replacements of the affected officials. On the other hand, Melo said that they will likewise consider their employees running for public office as resigned. “Kahit hindi sila nag-resign, considered resigned na sila (If they don’t resign, they are still considered resigned)," he said, adding that they will get whatever benefits they are entitled to. - RJAB Jr., GMANews.TV