Supreme Court ruling on appointed officials: equal protection or undue advantage?

Cebu City residents had expected GSIS chairman Winston Garcia to run as city mayor. But Garcia did not file his Certificate of Candidacy. Presumably, Garcia has still many things to do in GSIS. Presumably, Garcia doesn’t want to leave his position. As appointed official, he is considered as automatically resigned from his post once he file his COC based on the Omnibus Election Code.

Why should we not allow officials like Winston Garcia to run without leaving their post?

The recent Supreme Court ruling answers the question. Suprisingly, SC favored appointed officials like Winston.

In an 8-6 vote, the SC declared as unconstitutional a provision in the Omnibus Election Code prohibiting an appointive government official from discharging his functions after filing his COC, report reads. The high court also nullified similar rules and provisions, including the provision of Resolution 8678 issued by the Commission on Elections (Comelec), the same report added.

With this ruling, Dangerous Drugs Board chairman Vicente Sotto III should not resign to run for senator; Gilbert Teodoro, National Defense Secretart and chairman of the National Disaster Coordinating Council should not resign to run as president.

In reaching this decision, eight of the Supreme Court justices said the law violated the constitutional guarantee that no person should be denied the equal protection of the law, the editorial of Manila Standard Today observes.

But by giving equal protection of the law to appointed officials, the Supreme Court had given undue advantage. A public school head can run without leaving his position, a radio station manager of state-run Radyo ng Bayan can run without leaving his job. Imagine a police chief seeking a local position or a local COMELEC official running for mayor who don’t leave his job?

Of course, it sounds immoral and ethical if those people run without resigning. But what is immoral and unethical is considered as legal. There will be no violation of the law.

National Voters’ Registration for 2010 elections: Count me in!

Count me in! This is the line I love to say and to hear because it paints ideals and principles of democracy.

On 2010 national elections, count me in!

Because I have faith that my one vote matters; that my one vote makes a difference; and that my one vote will help transform our society; I’ll mark COMELEC’s schedule for the continuing registration of voters in all areas nationwide except ARMM.

No, I’m not a first-time voter. I am a registered voter in my hometown in Zamboanga del Sur. Now, that I’m living in Cebu,it just right for me to transfer my records here. I just don’t to miss the 2010 elections. And much more, I don’t want to waste my chance to get counted.

The Comelec Education and Information Department (EID) blog bagongbotante, posted that the Commission on Elections will be using biometrics technology in the registration process.

In Resolution No. 8514 promulgated November 12, 2008, the COMELEC en banc ruled to adopt the use of biometrics technology for the purpose of establishing a clean, complete, permanent and updated list of voters.

COMELEC Resolution No. 8514 stated:

Applications for registration, transfer of registration records, reactivation and changes/corrections of entries in the registration records/inclusion of registration records/reinstatement of name in the list of voters, shall be personally filed beginning December 2, 2008 to December 15, 2009 at the Office of the Election Officer (OEO) of the district/city/municipality where the applicant resides from Monday to Friday, during regular office hours at 8:00 o’clock AM to 5:00 o’clock PM.

For new voter’s I encourage you to register and be counted.The EID blog bagongbotante provides information for the registration process.

I also encourage all bloggers to help spread this information.

Count me in in 2010!

Bagong Botante Project:

See related post:

Registration for National Election 2010 will Commence!