MANILA — Election lawyer Atty. Romulo Macalintal has asked the Supreme Court Monday to nullify the resolution of the Commission on Elections which allows public officials to continue to hold office even after the acceptance of their nomination for the party-list elections.

In his petition for the immediate issuance of a temporary restraining order, writ of preliminary injunction and status quo ante order against the COMELEC for issuing Resolution No. 11045 dated August 28, 2024. 

Macalintal argued that in previous elections such as in 2022, the commission has been very consistent in its rule that public appointive officials shall be considered resigned from office and must vacate their position upon the filing of Certificates of Nomination and Acceptance of Nomination in the party-list elections.  

“The assailed rule of the Comelec, if not stopped by the Supreme Court, will open the floodgates to a number of high ranking government officials to seek nomination as nominees of party-list groups giving them full advantage in the political field to the damage and prejudice of candidates not connected with the government”, Macalintal said. 

Macalintal also cited the case of Quinto vs. COMELEC when an earlier decision of the Supreme Court in 2009 allowed public appointive officials to remain in office resulting to a number of high-ranking cabinet members, among others, filed the COCs in their respective provinces. 

Macalintal noted that the SC immediately reversed its decision in 2010 and said that public appointive officials should be deemed resigned.  

“While it may be argued that the candidates in party-list are the party-list groups themselves, it will be the height of hypocrisy to say that these public appointive officials who are nominees of party-list will not engage in electioneering or partisan political activity,” Macalintal said.