The Supreme Court (SC) on Monday issued a temporary restraining order (TRO) against the implementation of a Commission on Elections (Comelec) resolution allowing public appointive officials to continue holding office even after being nominated as party-list representatives.
The SC, sitting En Banc, enjoined the Comelec from implementing Section 11 of its Resolution No. 11045.
In the said resolution, the Comelec said appointive officials who are nominated by a party-list group for the 2025 midterm elections must resign from their posts upon the start of the campaign period.
Election lawyer Romulo Macalintal filed a supplemental petition challenging the resolution and by seeking a TRO from the highest court.
“I believe that the government officials, under the Constitution, are prohibited to engage in partisan political activities,” he said.
He added the act of filing a certificate of candidacy (COC) is already a partisan political activity and the filing of nomination and acceptance as a nominee is akin to the filing of COC.
The High Tribunal said “all parties are required to observe the status quo public appointive officials are deemed resigned upon filing their certificate of candidacy.”
The SC also required the Comelec to comment on the petition within a non-extendible period of 10 days from notice.
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