Supreme Court Warns Government Bets VS Electioneering

MANILA, Philippines - Supreme Court (SC) officials warned of possible cases of electioneering against those who would not comply with the ruling that upheld a provision in election laws requiring Cabinet members and other appointed government officials to resign from their posts upon filing of certificate of candidacy (COC).

SC spokesman Jose Midas Marquez, however, said the ruling requiring appointed officials seeking elective positions in the May elections to resign needs clarification.

“There seems to be confusion if this ruling is immediately executory or not. It is best if a petition to clarify the resolution is filed with the court,” he told a press conference yesterday, adding that the case is “rather unusual.”

He noted that the SC had ruled twice on the constitutionality of Section 66 of the Omnibus Election Code and the second proviso in the third paragraph of Section 13 of Republic Act 9369, or the Poll Automation Law, which provides that any appointive government official “shall be ipso facto (as a result) resigned upon their filing of COC” without any directive involving implementation.

“This (deemed-resigned rule) is a prevailing provision of the law. The SC has not issued any TRO (temporary restraining order) in its decision last December 2009 to restrain the enforcement of this law and there was no finality in the ruling,” he explained.

Asked if appointed officials can remain at their posts pending clarification from the SC, Marquez replied: “That will be their own lookout. They may be made answerable later on.”

“There are provisions in election (laws) that can be filed against them by their rivals. They run the risk of being disqualified. For those who think they need not vacate their posts, their rivals may later on file electioneering cases,” Marquez warned.

Election lawyer Romulo Macalintal, counsel for petitioners Undersecretary Eleazar Quinto and Director Gerino Tolentino of the Department of Environment and Natural Resources, said they plan to appeal the SC ruling.

“Delicadeza is not an issue here but equal application of law for elective and appointive officials who are both civil service officials. Why are only appointive officials suspected to be prone to use public funds? Aren’t the elected officials the ones who are using government funds for their campaign?” he said in a statement.

GMA ready to replace Cabinet execs

Press Secretary Crispulo Icban said President Arroyo would have no problem filling up posts to be vacated by Cabinet officials who are running in the May elections.

“She’s always studying. She’s always preparing for anything that might happen. I think there is (a list of replacements) already. Anyway, these people (Cabinet officials running in the polls) are ready to resign, like Executive Secretary (Eduardo) Ermita,” Icban told reporters.

He said the President has some people in mind.

“She is prepared to name people. The President is meticulous. She is always thinking ahead,” he said.

Nacionalista Party standard-bearer Sen. Manuel Villar Jr. urged Malacañang to let go of Cabinet members running in the May 10 elections and respect the decision of the Supreme Court.

“President Arroyo should not wait a minute longer in signing the release papers of the members of her Cabinet who are running for elective posts. The High Court has already spoken,” Villar said in a statement.

“I also warn the Arroyo administration (against) seeking a reconsideration of the decision, as it would only lead to objectionable results,” he added.

Speaker Prospero Nograles, who is running for mayor in Davao City, said appointed officials in the Arroyo administration who are seeking elective posts should abide by the SC ruling.

“The SC has spoken and all lawyers must abide when the decision becomes final after the motion for reconsideration is acted upon, our personal opinions notwithstanding,” he said in a text message.

Nograles, Lakas-Kampi-CMD chairman, also expressed confidence that Mrs. Arroyo may already have replacements in mind. “I’m sure the President has already made a list of replacements for these officials.

“The Palace can still appeal the SC’s decision, but as a lawyer, I’m sure that all the appointive members of the Cabinet who are running for elective posts will voluntarily step down once the high court’s decision becomes final and executory,” the Speaker added.

Former senator Ralph Recto of the opposition Liberal Party advised Mrs. Arroyo to pick replacements from among the rank and file.

“The replacements should come from the career ranks. Tapping career executives would ensure continuity of programs and prevent disruption of services,” he said.

Recto asked Malacañang to “resist the temptation” of naming “graduating politicians” to Cabinet posts or key agencies to be vacated by department heads running in the May 10 elections.

Opposition leader Makati Mayor Jejomar Binay lauded Chief Justice Reynato Puno for writing the decision that bars appointed officials from using the vast resources of their offices to promote their electoral campaign, to the detriment of other candidates who use their private funds to reach out to people and offer themselves as public servants.

Binay, vice presidential bet of the Partido ng Masang Pilipino, said the ruling affirmed the constitutionality of three provisions in elections laws that deemed appointive officials automatically resigned after filing their COCs.

Sen. Francis Escudero lauded the Supreme Court for finally ruling that appointed government officials running for public office should resign.

Bayan Muna party-list Rep. Neri Colmenares threatened to file disqualification cases against Cabinet members and other officials who running for the May 10 elections but refused to resign from office.

Colmenares said these officials should immediately quit in the wake of the SC decision that the law considers appointive officials resigned upon the filing of their certificates of candidacy (COC).

Liberal Party senatorial bet Franklin Drilon said that especially since the SC has ruled, government officials running for public office should all the more exhibit delicadeza and resign. With Paolo Romero, Delon Porcalla, Jess Diaz, Christina Mendez, Jose Rodel Clapano

Source: PhilStar