VETERAN election lawyer Romulo Macalintal yesterday said he would again question before the Supreme Court (SC) the Commission on Elections’ (Comelec) new rule on party-list nominees.
Speaking at the stakeholders briefing on the preparations for the May 2025 national and local polls hosted by the Comelec, Macalintal said he will file a supplemental petition with the High Court challenging the poll body’s rule provided under Resolution No. 11065.
Macalintal has earlier filed a petition with the SC questioning the constitutionality of the poll body’s rule that allowed party-list nominees holding appointive or elective office to continue to hold office even after acceptance of the nomination.
Subsequently, the Comelec issued Resolution No. 11065, which amended the rule and now states that appointive officials who accept nominations from a party-list group shall be considered resigned from his/her office upon the start of the campaign period.
But Macalintal is still not pleased.
“As a concerned citizen, I will be filing a supplemental petition before the SC to challenge the rule that nominees of party-lists won’t be deemed resigned from their appointive office between October 1 until the start of the campaign period,” said Macalintal.
He said he believes that all appointive government officials must be deemed resigned as soon as the Certificate of Nomination and Certificate of Acceptance of Nomination (CON-CAN) are filed by their party-list groups.
“Under a resolution of the Supreme Court, in Quinto vs Comelec, it is clearly stated that the act of filing a COC is already a partisan political activity. To me, the filing of CON-CAN is akin to filing a COC,” said Macalintal.
Sought for comment, Comelec chairman George Garcia said they continue to support the aim of Macalintal in seeking a clearer policy on appointed officials becoming party-list nominees.
In an interview after the event, Garcia said they believe that an SC ruling on Macalintal’s petition would help the Comelec in the long run.
“There must be clarity through the Supreme Court so that we will be guided not just in this coming election, but in the subsequent elections,” he said.
However, he noted that the amended rule was a “win-win solution” as far as the Comelec is concerned.
“It was a win-win solution from the Comelec as all appointive officials, who are nominees of party-lists, will be deemed resigned at the start of the campaign period,” said Garcia.
