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    Quinto Vs Comelec

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    Aices Salvador
    The Supreme Court reversed its earlier decision declaring certain provisions unconstitutional relating to public appointive officials running for elected office. The provisions required automatic resignation of appointive officials upon filing their candidacy. The Court found the provisions satisfy equal protection and are germane to the purpose of distinguishing elective from appointive officials, who are prohibited from partisan political activity. Unlike elected officials, appointive officials are not elected for a specific term and do not have the same mandate from voters.

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    Quinto Vs Comelec

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    Aices Salvador
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    The Supreme Court reversed its earlier decision declaring certain provisions unconstitutional relating to public appointive officials running for elected office. The provisions required automatic resignation of appointive officials upon filing their candidacy. The Court found the provisions satisfy equal protection and are germane to the purpose of distinguishing elective from appointive officials, who are prohibited from partisan political activity. Unlike elected officials, appointive officials are not elected for a specific term and do not have the same mandate from voters.

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    Quinto vs Comelec

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    Quinto vs Comelec

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    The Supreme Court reversed its earlier decision declaring certain provisions unconstitutional relating to public appointive officials running for elected office. The provisions required automatic resignation of appointive officials upon filing their candidacy. The Court found the provisions satisfy equal protection and are germane to the purpose of distinguishing elective from appointive officials, who are prohibited from partisan political activity. Unlike elected officials, appointive officials are not elected for a specific term and do not have the same mandate from voters.

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    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views1 page

    Quinto Vs Comelec

    Uploaded by

    Aices Salvador
    The Supreme Court reversed its earlier decision declaring certain provisions unconstitutional relating to public appointive officials running for elected office. The provisions required automatic resignation of appointive officials upon filing their candidacy. The Court found the provisions satisfy equal protection and are germane to the purpose of distinguishing elective from appointive officials, who are prohibited from partisan political activity. Unlike elected officials, appointive officials are not elected for a specific term and do not have the same mandate from voters.

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    QUINTO vs COMELEC The decision was first decided by a slim majority of 8-6, but was eventually reversed 10-5

    upon a Motion for Reconsideration after the retirement of one justice and the appointment of two new ones. FACTS: This is a motion for reconsideration filed by the COMELEC questioning an earlier decision of the Supreme Court declaring as unconstitutional the second proviso in the third paragraph of Section 13 of Republic Act No. 9369, Section 66 of the Omnibus Election Code and Section 4(a) of COMELEC Resolution No. 8678, mainly on the ground that they violate the equal protection clause of the Constitution and suffer from overbreadth. The assailed Decision thus paved the way for public appointive officials to continue discharging the powers, prerogatives and functions of their office notwithstanding their entry into the political arena. Section 4 (a) of COMELEC Resolution No. 8678 provides that, Any person holding a public appointive office or position including active members of the Armed Forces of the Philippines, and other officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. Petitioners of the above-entitled case are appointive officials who intend to be elected in the previously held 2010 elections and who felt aggrieved by the issuance of the questioned resolution. ISSUE: Whether or not 3rd Sec. 13 of RA 9369, Sec. 66 of the Omnibus Election Code, and Section 4 (a)
    of COMELEC Resolution No. 8678 are unconstitutional.

    HELD: NO. These provisions satisfy the requisites of the equal protection test, especially the second requirement that it must be germane to the purposes of the law. It was emphasized that the purpose of the law is to defer to the sovereign will of the people by letting elective officials serve until the end of the terms for which they were elected notwithstanding the filing of their certificates of candidacy. On the contrary, the automatic resignation rule was imposed upon appointive officials because unlike elected politicians, appointive officials, as officers and employees in the civil service, are strictly prohibited from engaging in any partisan political activity or from taking part in any election, except to vote (Sec. 55 of the Administrative Code of 1987). It is settled that the equal protection clause does not demand absolute equality; it merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced. The test used is reasonableness which requires that: 1. The classification rests on substantial distinctions; 2. It is germane to the purposes of the law; 3. It is not limited to existing conditions only; and 4. It applies equally to all members of the same class. Substantial distinctions clearly exist between elective officials and appointive officials. The former occupy their office by virtue of the mandate of the electorate. They are elected to an office for a definite term and may be removed therefrom only upon stringent conditions. On the other hand, appointive officials hold their office by virtue of their designation thereto by an appointing authority. Some appointive officials hold their office in a permanent capacity and are entitled to security of tenure while others serve at the pleasure of the appointing authority.

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