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NR # 4166B
added that since R.A. 9369 adjusted the deadline for the filing of the certificate of
candidacy to an earlier date, confusions arose on the interpretation as to the exact time of
the deemed resignation, whether at the time of the filing of the certificate of candidacy or
during the start of the campaign period.
There is need to clarify the law on appointive officials as they file their certificate
of candidacy, the authors said, stressing that we should continue with the long honored
rule that appointive public officials shall be considered resigned upon filing of their
certificate of candidacy for public elective positions.
He also noted a marked distinction between appointive public officials from
elective public officials. Unlike their elective counterparts who have fixed term as willed
by the electorate, appointive officials are either co-terminus with their appointing
authority or career officials who are prohibited from electioneering and partisan
activities, he added.
Appointive officials can also utilize vast government resources for their political
operations if not considered resigned when they file their certificates of candidacy,
Rodriguez pointed out.
The authors also recalled that the same bill was originally introduced during the 15 th
Congress. It was approved by the House of Representatives and transmitted to the Senate
where it failed to see the light of day. (30) dpt