THE Commission on Elections (Comelec) on Friday, October 8, 2021, said all appointed government officials, who filed their certificates of candidacy (COCs) or certificate of nomination and acceptance (Cona), are already deemed resigned from their posts immediately.
In a press briefing, Comelec spokesperson James Jimenez said existing jurisprudence indicate that appointed officials are considered ipso facto resigned from the office as soon as they file their COCs or Cona as aspirants or party-list nominees, respectively.
"They must vacate the post at the start of the regular office hours of the day when the aspirant filed the COC," said Jimenez.
"If nominated by a party-list, he shall be ipso facto resigned from the office and must vacate the same at the start of the regular office at the start on the day of the filing of the CONA," he added.
The poll official said this includes active members of the Armed Forces of the Philippines, as well as officers and employees of government-owned or government-controlled corporations.
"If they are appointed officials, they are automatically removed from office," said Jimenez.
On the other hand, he said an aspirant or nominee, who holds an elective office or position shall not be considered resigned upon the filing of the COC.
"This means that the person, who holds elective office, can continue in office until the end of his term," said Jimenez.
Back in 2010, the Supreme Court ruled with finality that all appointive officials are considered automatically resigned upon filing of their COCs.
Among those who filed their COC to run in the May 2022 polls are former Public Works secretary Mark Villar (senator), Foreign Affairs undersecretary Ernesto Abella (president), and former Mindanao Development Authority (MinDA) secretary Emmanuel Piñol (senator).
Former Metropolitan Manila Development Authority (MMDA) spokesperson Celine Pialago is among the nominees of the Malasakit Movement party-list. (HDT / SunStar Philippines)