Election lawyer wants ‘unfair’ Comelec rule voided

Election lawyer Romulo Macalintal filed a petition with the Supreme Court on Monday, seeking to nullify a Commission on Elections (Comelec) resolution that allows appointed government officials to remain in office while running as party list candidates.

In his 28-page petition, Macalintal argued that Section 11, Rule II of Comelec Resolution No. 11045, issued on Aug. 28, was unconstitutional since it violated Section 4, Article IX-B of the Constitution and existing jurisprudence, which prohibits civil service officers from engaging in any electioneering or partisan political activity.

Macalintal asked the court to issue a temporary restraining order or status quo order to stop Comelec from enforcing the rule, which he said gives these officials an advantage in the “political field to the damage and prejudice of candidates not connected with the government.”