Comelec Resolution 8709 December 4, 2009

.

:

.,..

.A

h

-.-,

< ,,

REPUBLIC OF THE CoMMlssloN ON Manila

POLICIES ON COMELEC OFFICIALS AND EMPLOYEES WHO FILED CERTIFICATES OF CANDIDACY (COC) IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS

MELO, JOSE A.R. SARMIENTO, RENE V. FERRER, NICODEMO T. TAGLE , LUCENITO N. VELASCO, ARMAND0 C. YUSOPH, ELlAS R. LARRAZABAL, GREGORIO Y.

Promulgated:

chair* sioner ~ ~ ~ ~ i Comm' ioner Com i ioner Comm ioner Commissioner

$-P %

December 4 , 2009

+

RESOLUTIOIV NO. '7O9

WHEREAS, Section 4(a) of Comelec Resolution No. 8678, dated 06 November 2009, provides that "Any person holding a public appointive office or position x x x shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy;" WHEREAS, on 01 December 2009, the Supreme Court, in the case of Quinto and Tolentino, Jr., vs. Commission on Elections (G.R. No. 189698) rendered a Decision declaring the second proviso in the third paragraph of Section 13 of Republic Act No. 9369, Section 66 of the Omnibus Election Code and Section 4(a) of COMELEC Resolution No. 8678, unconstitutional; WHEREAS, there are Comelec officials and employees who filed Certificates of Candidacies in connection with the May 10, 2010 National and Local Elections, and in line with the abovementioned Decision, these Comelec officials and employees are not deemed resigned and may continue to hold office;

WHEREAS, to preserve and maintain the integrity and credibility of the conduct of the elections and at the same time respect the Decision of the Supreme Court in the Quinto case, it is imperative to adopt a policy in handling cases of Comelec officials and employees who filed certificates of candidacy;

NOW THEREFORE, the Commission RESOLVES, as it hereby RESOLVED, to direct all Regional Election Directors to:

4

o

a. Submit to the Commission, within three (3) calendar days from receipt of this Resolution, the names of Comelec officials and employees under their supervision who filed certificates of candidacies in connection with the May 10, 2010 National and Local Elections, the positions they are vying for and the date of filing of their certificates;

b. Immediately relieve said officials and employees, and direct them to report to the Main Office, Intramuros, Manila, within five (5) days from receipt of the Relief Order, for further reassignment; and

c. Designate personnel to replace said officials and personnel to ensure continuous delivery of public service.

Let the Executive Director cause the immediate implementation of this Resolution.

SO ORDERED.

/k7-cZN7% Commissioner

'"r::'""'"

NlCOD Comm ssioner

ARMANDC C. VELASCO Commissioner A

'

/

commissioner