Press Release
December 4, 2009

ROXAS SEEKS "NO GMA" DURING ELECTIONS
RESIGNATION FOR APPOINTIVE OFFICIALS SOUGHT

Senator Mar Roxas today insisted all public appointive officials seeking elective posts must be considered automatically resigned six months before Election Day as he asked Congress to pass a law to reverse a Supreme Court ruling on the issue.

Roxas' filed Senate Bill No. 3547, or the proposed No Government Machinery Abuse (NO GMA) During Elections" law, to address concerns raised by the Supreme Court's decision allowing appointive officials to hold on to their positions even after filing their certificates of candidacy.

"Any person holding a public appointive office or position, regardless of rank or position, who has filed a certificate of candidacy, including active members of the Armed Forces of the Philippines and officers and employees in government-owned or controlled corporations, shall be considered automatically resigned from his/her office six months before the election day," Roxas said in filing SB 3547.

It also stated: "Any appointive official who does not vacate his/her office six months before the election day shall automatically be disqualified for the elective position that he/she is seeking and shall not be eligible to assume the functions of the elective office that he/she is seeking."

Roxas noted that while existing election laws mandated the ipso facto resignation of appointive officials vying for elective posts, the exact time on when such resignations take effect was made vague when the Automated Elections law adjusted the deadline for the filing of COCs to an earlier date, thus causing confusion if such officials should be considered resigned when they file their COCs or during the start of the campaign period.

He said it was important for the Senate to pass the proposed measure to "settle, through amendatory legislation, the exact moment of such deemed resignation."

He added that, "we need to pass this measure for the purpose of maintaining honesty and integrity in public service", pointing out that "most of these appointive officials have effective access and control over the national budget and the execution of laws and regulations, placing them in an undue advantage during the conduct of elections, and the possibility of abuse or misuse of authority is greater with them."

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