Title
Supreme Court
Status of officials running for different elective posts
Law
Presidential Decree No. 1659
Decision Date
Dec 29, 1979
A decree clarifying the status of officials running for a different office, ensuring continuity and stability in local governments during elections.

Q&A (PRESIDENTIAL DECREE NO. 1659)

Presidential Decree No. 1659 defines the status of officials occupying elective positions who run for a different elective office than the one they currently hold.

The official is considered ipso facto resigned from his current office upon the filing of his certificate of candidacy for the other office.

Section 24 of the Election Code of 1971 was affected; this section originally provided for automatic resignation upon running for another office.

The 1978 Code provided in Section 30 that governors, mayors, sangguniang members, or barangay officials are considered on forced leave of absence upon filing their certificate of candidacy, irrespective of whether they are running for the same or another office.

The President may appoint the candidate to the office for which he filed a certificate of candidacy during the pendency of the election.

It applies to any person occupying an elective provincial, city, municipal, or municipal district position who runs for a different elective office.

The resignation occurs upon the filing of the certificate of candidacy for another elective office.

The decree took effect upon its approval on December 29, 1979.

It addressed the potential for administrative chaos and confusion in local governments due to officials being placed on forced leave simultaneously without immediate replacements, threatening continuity and stability.


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