Lawyer asks SC to reconsider ruling on appointed gov't execs

Election lawyer Romulo Macalintal on Monday asked the Supreme Court (SC) to reconsider its decision that appointive officials are deemed resigned once they file their certificates of candidacy (COCs). In filing his petition, Macalintal said the high court must first resolve two "conflicting" provisions under the automated election law on when to consider a person as candidate. He explained that according to Republic Act 9369, in Section 13, 3rd paragraph, a person shall only be considered as a candidate “at the start of the campaign period for which he filed his COC." The same paragraph also states that appointive public officials shall be considered ipso facto resigned from office and must vacate the same at the start of the filing of COC. “If a person who files his COC is not yet considered a candidate, it would be absurd to rule that an appointive official should be deemed resigned once he files his COC when the law says that the filing of such COC does not yet make him a candidate," said Macalintal. The election lawyer is representing Environment Undersecretary Eleazar Quinto and Land Management Bureau director Gerino Tolentino, who are running for congressional seats in Pangasinan province and Quezon City, respectively. Citing the reversed ruling on Penera vs. Comelec, Macalintal further stressed that a person should only be considered a candidate at the start of the official campaign period for which the candidate filed the COC. Penera vs. Comelec refers to the disqualification case against Rosalinda Penera, mayor of Santa Monica town, Surigao del Norte province. Penera had conducted a motorcade after filing her candidacy on March 29, 2007, a day before the official campaign period for which she filed her certificate of candidacy. The Supreme Court then ruled against Penera. However, the court reversed its own decision in a recent ruling penned by Justice Antonio Carpio. (SC: Infomercials before campaign period legal) —Aie Balagtas See/JV, GMANews.TV