MANILA, Philippines—The Supreme Court on Tuesday ruled that appointed government officials are not deemed resigned upon filing of a certificate of candidacy (COC).

In its ruling, the high court granted the petition filed by election lawyer Romulo Macalintal asking the court to strike out portion of a Commission on Election (Comelec) resolution considering as resigned appointed officials who filed their COC’s.

Voting 8-6, the Supreme Court, through Associate Justice Antonio Eduardo Nachura, said appointed executives who registered their candidacy would remain in office until they win or are removed from office.

In his petition, Macalintal said Comelec Resolution 8678 violates the Constitution, which provides that a candidate can only be considered resigned at the start of the campaign period—February 10 for national candidates and March 20 for local candidates.

The Comelec resolution covered those holding public appointive office or position including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or controlled corporations.

“The resolution is discriminatory because it only pertains to appointed officials whereas elected officials are not considered resigned upon filing of [COC],” Macalintal said.