Monday, April 30, 2007 Official clarifies status of local gov't execs running in polls
INTERIOR and Local Government Secretary Ronaldo Puno said local elective officials who are candidates in the May 14 elections are not considered resigned from their respective posts.
In a memorandum, Puno noted that Section 14 of Republic Act (RA) 9006, otherwise known as the Fair Election Act of 2001, effectively repealed Section 67 of the Omnibus Election Code declaring elective national and local officials running for public office as "ipso facto" resigned from their posts upon the filing of their certificates of candidacy.
The Supreme Court (SC), according to Puno, has already upheld the constitutionality of Section 14 of the Fair Election Act in the case of Farinas et al vs. Executive Secretary.
Moreover, the Commission on Elections (Comelec) issued Resolution No. 7799 on January 5 providing that "any elective official, whether national or local, running for any office shall not be considered resigned upon the filing of his certificate of candidacy."
"We have issued this clarification after being besieged with queries coming from local elective officials, inquiring as to whether or not they were considered resigned when they filed their certificates of candidacy for the same post they are holding now or for another office," Puno said.
The election period for the May 14, 2007 national and local elections began on January 14 and will end on June 13.
The campaign period for candidates for House of Representatives and elective provincial, city and municipal posts began on March 30 and will end on May 12.
In the same memorandum, Puno, however, noted that in the case of appointive local officials, Comelec Resolution 7799 states that "any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and other officials and employees of government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy." (Press release)
