SC issues TRO on Comelec rule for public appointees

On Tuesday, the Supreme Court issued a temporary restraining order against a Commission on Elections rule that allows public appointive officials to continue serving after being nominated as party-list representatives.

SC spokesperson Atty. Camille Ting announced that the court en banc ordered Comelec not to implement Section 11 of its Resolution No. 11045 and required all parties to observe the status quo where public appointed officials are deemed resigned upon filing their certificate of candidacy.

The high court also directed Comelec to submit comments on the petition filed by election lawyer Romulo Macalintal within a non-extendible period of 10 days from notice.

Macalintal's suit argued that the rule violates Section (4), Article IX-B of the Constitution and existing jurisprudence, potentially giving government officials an unfair advantage in elections.

Comelec Chairperson George Garcia welcomed the TRO, stating that they support efforts to clarify certain gray areas in the law and existing jurisprudence.