Appointive officials planning to run for elective positions in the upcoming 2010 polls need not resign from their posts when they file their Certificates of Candidacy.
As an offshoot of the Penera case, the Court through Justice Antonio Eduardo Nachura states that appointed officials should not be considered as second class citizens, because elected officials and other persons seeking elective office shall only be considered as candidates on the start of the campaign period. Hence, appointive officials shall only be required to resign from their offices at the start of the campaign period.
In as much as I reserve my dissent for this decision, the Court has to come up with such otherwise it would be inconsistent with the view it took in the Penera case.
As an offshoot of the Penera case, the Court through Justice Antonio Eduardo Nachura states that appointed officials should not be considered as second class citizens, because elected officials and other persons seeking elective office shall only be considered as candidates on the start of the campaign period. Hence, appointive officials shall only be required to resign from their offices at the start of the campaign period.
In as much as I reserve my dissent for this decision, the Court has to come up with such otherwise it would be inconsistent with the view it took in the Penera case.
Full text of Case:
Quinto and Tolentino v. COMELEC, G.R. No. 189698, December 1, 2009
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