Monday, May 14, 2012

Resolution No. 9414 - Effects of Acceptance of Nomination

Republic of the Philippines
COMMISSION ON ELECTIONS
Intramuros, Manila

 
IN THE MATTER OF AMENDING COMELEC RESOLUTION NO. 9366 PROMULGATED 21 FEBRUARY 2012, PARTICULARLY SECTION 3, RULE 4 THEREOF
SIXTO S. BRILLANTES, JR.
RENE V. SARMIENTO
LUCENITO N. TAGLE
ARMANDO C. VELASCO
ELIAS R. YUSOPH
CHRISTIAN ROBERT S. LIM
Chairman
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner

Promulgated:  April 27, 2012

RESOLUTION No. 9414

 This pertains to Comelec Resolution No. 9366 promulgated on 21 February 2012, entitled "Rules and Regulations governing the 1.) Filing of Petitions for Registration; 2.) Filing of Manifestation of Intent to Participate; 3.) Submission of Names of Nominees; and 4.) Filing of Disqualification Cases Against Nominees of Party-List Groups or Organizations participating under the Party-list System of Representation in connection with the 13 May 2013 National and Local Elections, and subsequent elections thereafter," particularly Section 3, Rule 4 thereof.


Section 3, Rule 4 of Resolution No. 9366 reads:
 "Section 3. Effects of Acceptance of Nomination - Nominees holding appointive or elective offices may continue to hold office even after acceptance of their nomination, and the one-year prohibition from being hired and rehired in a public office after their party-list organizations fail to secure the needed votes to qualify them for a seat in the House of Representatives, shall not apply to them.  Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned."
 After review, the Commission RESOLVED, as it hereby RESOLVES, to amend Section 3, Rule 4 of Resolution No. 9366 to now read as follows:
"Section 3.  Effects of Acceptance of Nomination - Any public officer in a non-elective office, including active members of the Armed Forces of the Philippines (AFP) and other officers and employees in government-owned or controlled corporations, who accepts a nomination from a party-list group, shall be considered ipso facto resigned from his office upon the last day of filing of Certificates of Candidates for other individual candidates to an elective office.
For purposes of this section, a public officer holding a non-elective office shall be deemed to include private citizens appointed to public offices representing the private sector."
 Let the Education and Information Department cause the publication of this Resolution in two (2) newspapers of general circulation in the Philippines, and furnish copies to all field officials of the Commission.

SO ORDERED.

SIXTO S. BRILLANTES, JR.
Chairman
RENE V. SARMIENTO
Commissioner

LUCENITO N. TAGLE
Commissioner



ARMANDO C. VELASCO
Commissioner

ELIAS R. YUSOPH
Commissioner



CHRISTIAN ROBERT S. LIM
Commissioner

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