What happens to an appointed official once the person filed their certificates of candidacy (COCs) for the May 2022 polls?
A poll lawyer said they are deemed resigned.
"Appointive officials are deemed resigned upon the filing of COC for an elective position or nominee of a party list," Atty. Romulo Macalintal said in an interview Wednesday, Sept. 29.
As for elective officials, he said, they are not deemed resigned upon filing of COC.
"That's why even if a senator whose term will expire in 2025 files a coc for President or Vice President, he is not deemed resigned as senator that if he loses he remains as senator till end of his term," said Macalintal.
Based on Section 13 of the Poll Automation Law appointive officials and employees “shall be considered ipso facto resigned from his office and must vacate the same at the start of the day of the filing of the certificate of candidacy (COC)."
However, Section 67 of the Omnibus Election Code providing for the automatic resignation of elective officials if they run for any position other than the one they are holding in a permanent capacity was annulled by Section 14 of Republic Act No. 9006.
The Commission on Elections (Comelec) has set the filing of COC from Oct. 1 to 8.
Among those expected to file their COCs for senator are Presidential Spokesman Harry Roque, Chief Presidential Legal Counsel Salvador Panelo, Department of Public Works and Highways (DPWH) Sec. Mark Villar and Department of Transportation (DOTr) Sec. Arthur Tugade.