Supreme Court reverses Quinto vs. COMELEC: Appointed Officials Running in May Elections Now Deemed Resigned

abogadomo.com — Mon, 22 Feb 2010 11:34:30 +0000

In a 10-5 vote, the Supreme Court reversed its Decision rendered in the case of Quinto vs. Comelec last December 2009 and declared that appointed officials, including members of the judiciary and the Comelec itself, who have filed their certificate of candidacy for the May 10 elections are already deemed resigned. In the Resolution dated 22 February 2010, the Court said that its December 2009 Decision failed to consider the threat to government “posed by the partisan potential of a large and growing bureaucracy: the danger of systematic abuse perpetuated by a ‘powerful political machine’ that has amassed ‘the scattered powers of government workers’ so as to give itself and its incumbent workers an ‘unbreakable grasp on the reins of power.” The Court added that “in the case at bar, the probable harm to society in permitting incumbent appointive officials to remain in office, even as they actively pursue elective posts, far outweighs the less likely evil of having arguably protected candidacies blocked by the possible inhibitory effect of a potentially overly broad statute.”

The Resolution was penned by no less that Chief Justice Reynato S. Puno. Concurring with the Chief Justice were Justices Conchita Carpio Morales, Arturo D. Brion, Diosdado M. Peralta, Mariano C. Del Castillo, Roberto A. Abad, Martin S. Villarama, Jr., Jose P. Perez, and Jose C. Mendoza. Dissenting were Justices Antonio Eduardo B. Nachura (the ponente in the original Decision), Renato C. Corona, Presbitero J. Velasco, Jr., Teresita J. Leonardo-De Castro, and Lucas P. Bersamin.

Read a copy of the Resolution here.

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Supreme Court reverses Quinto vs. COMELEC: Appointed Officials Running in May Elections Now Deemed Resigned