‘Party-list nominees deemed resigned from gov’t post once campaign starts’

MANILA, Philippines — Nominees of party-list groups will be deemed resigned from their appointive positions once the campaign period for the 2025 midterm elections starts, Commission on Elections (Comelec) Chairman George Garcia said on Friday.

This is mandated under the resolution released by the election body on Wednesday.

“Isang appointive official na tatakbo sa national and local elections position, deemed resigned upon the filing of certificate of candidacy. Pero doon sa party-list, sila ay deemed resigned lamang sa unang araw ng campaign period which is February 11,” Garcia said on the sidelines of the Special Kapihan sa Manila Prince Hotel.

Garcia said that a Supreme Court (SC) decision ruled that nominees under a certain party-list are not the ones running for a seat, but the organization they belong to.

“May desisyon ang Korte Suprema sa party-list na ang talaga namang tumatakbo ay hindi yung mismong nominees, kung hindi ang tumatakbo ay yung mga organizations or political parties na kinabibilangan nila,” he added.

Comelec Resolution No. 11065 promulgated on Wednesday states that there is a need to amend Section 11 of the Comelec Resolution No. 11045 “to provide that the nominees of party-list groups, holding appointive offices, including active members of the Armed Forces of the Philippines (AFP) and other officers and employees in the government-owned or controlled corporations, who accepts nomination from a party-list group, shall be considered resigned from his/her office, upon the start of the campaign period.”

Comelec Resolution No. 11045 released in August only states that “[n]ominees holding appointive or elective office may continue to hold office even after acceptance of their nomination.”

A lawyer previously asked the high court to nullify the old rule from the poll body for being “unconstitutional.”

According to election lawyer Romulo Macalintal, this rule “violates Section 4, Article 9-B of the Constitution and existing jurisprudence that no officer of the civil service shall engage directly or indirectly, in any electioneering or partisan activity.”

Meanwhile, Garcia said that appointive government officials will be deemed resigned from their post once they file their certificates of candidacy (COC) for the 2025 midterm elections.

Under the Section 44 of the Comelec Resolution No. 11045, “[a]ny person holding a public appointive office or position, including active members of the AFP, and other officers and employees in government-owned or-controlled corporations, shall be considered ipso facto resigned from the office and must vacate the office at the start of the regular office hours of the day when the aspirant filed the COC.”

The resolution also added that “[a]ny person holding an elective office or position shall not be considered resigned upon the filing of a COC whether for the same or any other elective office or position.”

Further, Garcia emphasized that all aspirants who will file their COCs will only be considered as candidates for their respective positions once the campaign period starts.

Garcia previously said that there will be no substitution of candidates after the last day of filing of COC due to a candidate’s withdrawal.

The campaign period for the senatorial and party-list positions starts on February 11, 2025 while campaign for local elections starts on March 28, 2025.

During the election period from January 12, 2025 to June 11, 2025, unauthorized carrying of firearms or deadly weapons, unauthorized use of security personnel or bodyguards, altering precinct boundaries, and suspending elected officials without Comelec approval are prohibited.