Press Release
December 2, 2009


Opposition Sen. Chiz Escudero yesterday said delicadeza dictates that President Gloria Macapagal Arroyo and all other candidates, whether elected or appointed, should resign from their posts after filing their certificates of candidacy for the 2010 elections.

"I disagree with the decision of the Supreme Court. We all know that those in power tend to abuse their position and use government funds to serve their political ends," said the 40-year old senator who chairs the Senate committee on Constitutional Amendments, Revision of Codes and Laws.

"Even elected officials running for a different political position. They too should resign. They should take it upon themselves not to receive the salary for a position they no longer want to have as shown by their filing of COC for a different position. Delicadeza dictates nothing less," Escudero said.

The Bicolano lawmaker made the declaration after the Supreme Court, in a close 8-6 vote on Tuesday, ruled that provisions in election laws requiring appointed officials to resign upon filing their COCs are unconstitutional.

In its decision, the high court said that these provisions violate the equal protection clause of the constitution since these do not cover elected officials, like members of Congress, who run for other positions while continuing to hold their posts.

The provisions struck down by the Supreme Court were the second provision in the third paragraph of section 13 of the Automated Election Law, section 4(a) of the Commission on Elections Resolution No. 8678, and Section 66 of the Omnibus Election Code.

Escudero has supported a bill in the Senate which would require elected officials to resign if they run for another position within their term of office.

"The High Court should have taken cognizance of these pending bills in Congress which are meant to level the playing field. While I have most respect for the Court, this decision will allow those who seek to hold on to power at all cost to use the resources they control to win in the coming elections," he said.

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