checkmate

IBP officials running in 2013 polls told to resign

THE Supreme Court (SC) amended a resolution drawn by the Integrated Bar of the Phils. (IBP) Board of Governors about IBP officers out to run for public office in the May 2013 elections.


In a full court ruling, the High Tribunal amended the resolution and resolved that “IBP officers, local and national, who will run for elective office will be deemed resigned from the date of the start of the official campaign period, and not from the date of filing of [COCs.]”

The joint resolution was adopted because of the advance filing of COC on Oct.1-5, 2012, or more than seven months from the May 13, 2013 local and national elections due to the implementation of the automated election law.

“Whereas, under the previous manual election system, the filing of [COC] was usually done close to the start of the 45-day campaign period for local elective offices or 90 days for national elective offices[,]”the IBP resolution read.

The SC cited a recent case of Penera vs. Comelec where the Court ruled that any person who files his COC “shall only be considered as a candidate at the start of the campaign period, and not upon the filing of such [COC].

“[W]hile the Omnibus Election Code provides for automatic resignation of appointive government officials upon filing of [COC], this rule, however, may not strictly apply to IBP officers, not being government officials,” the SC said.

The high tribunal resolution, signed by Clerk of Court Enriqueta Vidal, stated that the advance resignations of IBP officers due to advance filing of COC—and long before the start of the campaign period—would unduly prejudice the IBP and concerned officers seeking elective posts.

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