(Question B.12, Political Law, 2019 Bar Exam)
W, the incumbent Congressman of the Province of Albay, decided to run for Governor. He filed his certificate of candidacy (CoC) for Governor without resigning from his post and continued exercising his duties as Congressman, such as attending plenary sessions and committee hearings in the House of Representatives.
One of W’s fiercest critics, X, claimed that W should not be dispensing the functions of a Congressman since he is deemed ipso facto resigned as such upon his filing of a CoC for Governor of Albay.
(a) Is X’s argument correct? Explain. (2.5%)
(b) Assuming that W is instead, an incumbent Undersecretary of the Department of National Defense, what is the effect of the filing of his CoC for the position of Governor of Albay to said post? Explain. (2.5%)
(a) No. Answer
Under election laws and jurisprudence, an elected official is not deemed to have resigned from his office upon the filing of his certificate of candidacy for the same or any other elected office or position. In effect, an elected official may run for another position without forfeiting his seat. Rule
In the case at bar, W is an elective official. Accordingly, his filing of his certificate of candidacy did not affect his position as Congressman and hence he may continue performing his duties and functions. Apply
Thus, the argument of Mr. X is not correct. Conclusion
(b) If W was an Undersecretary of the Department of National Defense, he will be deemed to have resigned his position if he files a certificate of candidacy since it is an appointive position. Under jurisprudence, any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and 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.
(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)
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