The Supreme Court on Monday issued a temporary restraining order against the implementation of a resolution issued by the Commission on Elections allowing appointed officials to continue holding office even after being nominated as party-list representative.
The High Court, sitting en banc, ordered Comelec not to implement Section 11 of its Resolution No. 11045.
“All parties are required to observe the status quo (that) public appointive officials are deemed resigned upon filing their certificate of candidacy,” the SC said.
SC also required the Comelec to comment on the petition within a non-extendible period of 10 days.
In its resolution, Comelec said appointive officials who are nominated by a party-list group for the 2025 midterm elections must resign from their posts upon the start of the campaign period and not from the filing of the certificate of candidacy.
Election lawyer Romulo Macalintal earlier filed a supplemental petition challenging the resolution and seeking a TRO.
“I believe that the government officials, under the Constitution, are prohibited to engage in partisan political activities,” Macalintal said. He said the act of filing a COC is already a partisan political activity and the filing of nomination and acceptance as a nominee is akin to the filing of COC.
Editor’s Note: This is an updated article. Originally posted with the headline “SC issues TRO vs. Comelec resolution on appointed officials as party-list reps.”
