by Kristine L. Alave, Christine Avendaño (Philippine Daily Inquirer)
http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20100224-255026/Quit-now-Arroyo-Cabinet-execs-toldMANILA, Philippines—Quit now or face legal hassles later.
Commission on Elections Chair Jose Melo issued this advice a day after the Supreme Court declared that appointed officials running in the May 10 elections were deemed resigned when they filed their certificates of candidacy.
“If I were a candidate, I will just resign to avoid the hassle,” Melo said in a news briefing Tuesday.
He added that these officials had enjoyed nonstop campaigning since October last year, and it was only proper that they stepped down from office. He reminded the candidates that “right now, we are under the old system.”
Supreme Court spokesperson Midas Marquez on Monday said the decision was effective immediately but on Tuesday he invited the parties in the case to file a motion for clarification.
“There seems to be confusion on whether the decision is immediately executory; it’s actually an unusual case,” he said.
Reversing its Dec. 1 decision, the high tribunal on Monday upheld the election law that deems appointive officials resigned from office once they turn in their certificate of candidacy under the Omnibus Election Code.
In its Dec. 1 decision, the court ruled that this provision was unconstitutional and discriminatory.
Romulo Macalintal, counsel for the petitioners—Environment Undersecretary Eleazar Quinto and Director Gerino Tolentino—said he would file a motion for reconsideration within 15 days as required by law, maintaining that it was not yet final and executory.
Arroyo to fill posts
Malacañang on Tuesday said that with or without the court ruling, President Gloria Macapagal-Arroyo was preparing to fill up the expected vacancies in her Cabinet.
Press Secretary Crispulo Icban Jr. said that Transportation and Communications Secretary Leandro Mendoza had been mentioned as a possible replacement for Executive Secretary Eduardo Ermita, who is running for representative in Batangas.
“She has people in mind,” Icban said, “but nobody knows.” He said he asked Mendoza about it, but he merely laughed. “I think whether or not there is a Supreme Court decision ... she is prepared to name people.”
Asked whether there will be new faces in her Cabinet, Icban said Ms Arroyo had not spoken to him about this.
Other Cabinet members affected by the ruling include Chief Presidential Legal Counsel Raul Gonzalez, Agriculture Secretary Arthur Yap, Budget Secretary Rolando Andaya, Justice Secretary Agnes Devanadera and Presidential Management Staff Director General Hermogenes Esperon.
Except for Gonzalez, who is running for mayor in Iloilo, all these Cabinet members are seeking seats in Congress.
Don’t wait longer
“President Arroyo should not wait a minute longer in signing the release papers of the members of her Cabinet who are running for elective posts. The high court has already spoken,” Sen. Manuel Villar said in a statement.
The Nacionalista Party standard-bearer said while campaigning in Leyte that any motion seeking reconsideration of the decision would only “lead to objectionable results.”
Villar said these Cabinet officials might be accused of using their office to gain advantage over their political opponents. He also feared that the quality of service could suffer.
Sen. Loren Legarda, Villar’s running mate, said she did not expect any disruption in the delivery of services in the departments concerned, pointing out undersecretaries were in place to keep operations functioning.
Credibility regained
Senate Minority Leader Aquilino Pimentel Jr. and Senators Francis Escudero and Francis Pangilinan all agreed on the high court’s decision.
“It’s a way of the high court to regain its credibility,” Pimentel said.
“People in Cabinet positions have funds allocated for them to dispose of and there is the temptation to use not only the funds for the election but also the use of the power of their offices,” Pimentel said in a phone interview.
Escudero said in a text message that he agreed with the court ruling “if only to level the playing field and avoid the abuse of public funds for personal political gains.”
Pangilinan said that Malacañang should “learn when to stop and accept the reality that it cannot win all the time.”
House Speaker Prospero Nograles advised his party mates in the Cabinet to heed the court.
In a text message, Nograles said: “The Supreme Court has spoken and all lawyers of the land must abide when the decision becomes final after the motion for reconsideration is acted upon.”
‘Delicadeza’
In a statement, Bayan Muna party-list Rep. Neri Colmenares said the appointed officials could be disqualified from the elections if they defied the court decision.
Franklin Drilon, former Senate president and Liberal Party senatorial candidate, said all Cabinet members seeking elective posts should resign immediately out of “delicadeza” (propriety). With reports from Dona Z. Pazzibugan, Michael Lim Ubac and Gil C. Cabacungan Jr.
Commission on Elections Chair Jose Melo issued this advice a day after the Supreme Court declared that appointed officials running in the May 10 elections were deemed resigned when they filed their certificates of candidacy.
“If I were a candidate, I will just resign to avoid the hassle,” Melo said in a news briefing Tuesday.
He added that these officials had enjoyed nonstop campaigning since October last year, and it was only proper that they stepped down from office. He reminded the candidates that “right now, we are under the old system.”
Supreme Court spokesperson Midas Marquez on Monday said the decision was effective immediately but on Tuesday he invited the parties in the case to file a motion for clarification.
“There seems to be confusion on whether the decision is immediately executory; it’s actually an unusual case,” he said.
Reversing its Dec. 1 decision, the high tribunal on Monday upheld the election law that deems appointive officials resigned from office once they turn in their certificate of candidacy under the Omnibus Election Code.
In its Dec. 1 decision, the court ruled that this provision was unconstitutional and discriminatory.
Romulo Macalintal, counsel for the petitioners—Environment Undersecretary Eleazar Quinto and Director Gerino Tolentino—said he would file a motion for reconsideration within 15 days as required by law, maintaining that it was not yet final and executory.
Arroyo to fill posts
Malacañang on Tuesday said that with or without the court ruling, President Gloria Macapagal-Arroyo was preparing to fill up the expected vacancies in her Cabinet.
Press Secretary Crispulo Icban Jr. said that Transportation and Communications Secretary Leandro Mendoza had been mentioned as a possible replacement for Executive Secretary Eduardo Ermita, who is running for representative in Batangas.
“She has people in mind,” Icban said, “but nobody knows.” He said he asked Mendoza about it, but he merely laughed. “I think whether or not there is a Supreme Court decision ... she is prepared to name people.”
Asked whether there will be new faces in her Cabinet, Icban said Ms Arroyo had not spoken to him about this.
Other Cabinet members affected by the ruling include Chief Presidential Legal Counsel Raul Gonzalez, Agriculture Secretary Arthur Yap, Budget Secretary Rolando Andaya, Justice Secretary Agnes Devanadera and Presidential Management Staff Director General Hermogenes Esperon.
Except for Gonzalez, who is running for mayor in Iloilo, all these Cabinet members are seeking seats in Congress.
Don’t wait longer
“President Arroyo should not wait a minute longer in signing the release papers of the members of her Cabinet who are running for elective posts. The high court has already spoken,” Sen. Manuel Villar said in a statement.
The Nacionalista Party standard-bearer said while campaigning in Leyte that any motion seeking reconsideration of the decision would only “lead to objectionable results.”
Villar said these Cabinet officials might be accused of using their office to gain advantage over their political opponents. He also feared that the quality of service could suffer.
Sen. Loren Legarda, Villar’s running mate, said she did not expect any disruption in the delivery of services in the departments concerned, pointing out undersecretaries were in place to keep operations functioning.
Credibility regained
Senate Minority Leader Aquilino Pimentel Jr. and Senators Francis Escudero and Francis Pangilinan all agreed on the high court’s decision.
“It’s a way of the high court to regain its credibility,” Pimentel said.
“People in Cabinet positions have funds allocated for them to dispose of and there is the temptation to use not only the funds for the election but also the use of the power of their offices,” Pimentel said in a phone interview.
Escudero said in a text message that he agreed with the court ruling “if only to level the playing field and avoid the abuse of public funds for personal political gains.”
Pangilinan said that Malacañang should “learn when to stop and accept the reality that it cannot win all the time.”
House Speaker Prospero Nograles advised his party mates in the Cabinet to heed the court.
In a text message, Nograles said: “The Supreme Court has spoken and all lawyers of the land must abide when the decision becomes final after the motion for reconsideration is acted upon.”
‘Delicadeza’
In a statement, Bayan Muna party-list Rep. Neri Colmenares said the appointed officials could be disqualified from the elections if they defied the court decision.
Franklin Drilon, former Senate president and Liberal Party senatorial candidate, said all Cabinet members seeking elective posts should resign immediately out of “delicadeza” (propriety). With reports from Dona Z. Pazzibugan, Michael Lim Ubac and Gil C. Cabacungan Jr.
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