SC issues TRO vs. Comelec rule on appointees’ party-list nomination

The Supreme Court building in Manila. INQUIRER PHOTO / NIرO JESUS ORBETA

MANILA, Philippines — The Supreme Court (SC) on Tuesday temporarily stopped the Commission on Elections (Comelec) from implementing its resolution allowing public appointive officials to remain in office after accepting a nomination as a party-list representative.

The temporary restraining order (TRO) concerns Section 11, Rule II of Comelec Resolution No. 11045, which, among other things, provides that “public officials who accept a nomination as a party-list representative may continue to hold office even after acceptance of their nomination.”

“The Court granted the prayer for TRO, effective immediately. Comelec is enjoined from implementing 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,” SC Spokesman Camille Sue Mae Ting said in a press conference.

The high court issued the restraining order after election lawyer Romulo Macalintal filed a petition seeking to declare as null and void Section 11, Rule II of Comelec Resolution 11045.

Macalintal said the provision violates Section (4), Article IX-B of the Constitution and existing jurisprudence that “no officer the civil service shall engage directly or indirectly, in any electioneering or partisan political activity.”

Macalintal said that “in previous elections, such as in the 2022 national and local elections, the Comelec has been very consistent in its rule that ‘public appointive officials shall be considered ipso facto resigned from office and must vacate the same upon the filing of Certificates of Nomination and Acceptance of Nomination’ in party-list elections as provided in its August 2021 Resolution No. 10717.  It is unbelievable that the Comelec would suddenly make a change of heart in the 2025 elections.”

If not stopped, Macalintal said the provision will open the floodgates to a number of high-ranking government officials seeking the nomination of party-list groups giving them full advantage in the political field.

The Court directed the Comelec to comment on Macalintal’s petition within a non-extendible period of 10 days.