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Manila: Lawyer Romulo Macalintal has filed a petition before the Supreme Court (SC) questioning the validity of a resolution of the Commission on Elections (Comelec) which allows public officials to continue holding office even after being nominated as a party-list representative.
In a 28-page petition, the election lawyer asked the SC to declare unconstitutional Section 11, Rule II of Comelec Resolution No. 11045 dated Aug. 28, 2024 which, among others, provides that ‘public officials who accepts a nomination as a party-list representative may continue to hold office even after acceptance of their nomination.’
Macalintal’s suit argued that the rule is in violation of Section (4), Article IX-B of the Constitution and existing jurisprudence that ‘no officer in the civil service shall engage, directly or indirectly, in any electioneering or partisan political activity.’
‘In previous elections, such as in the 2022 national and local elections, the Comelec has been very consistent in its rule that public appoi
ntive officials shall be considered ipso facto resigned from office and must vacate the same upon the filing of Certificates of Nomination and Acceptance of Nomination in party-list elections as provided in its August 2021 Resolution No. 10717,’ Macalintal said.
He said it is ‘unbelievable’ that the Comelec would suddenly deviate from the rules.
‘The assailed rule of the Comelec, if not stopped by the Supreme Court, will open the floodgates to a number of high-ranking government officials to seek nomination as nominees of party-list groups, giving them full advantage in the political field to the damage and prejudice of candidates not connected with the government.’
Source: Philippines News agency
