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.

Law Summary

Background and Repeal of Previous Law

  • The Election Code of 1971 contained Section 24 which similarly mandated resignation upon filing for a different elective office.
  • The Election Code of 1978 repealed the 1971 Code, including the specific provision on automatic resignation.
  • The 1978 code introduced Section 30, which treated governors, mayors, sangguniang members, or barangay officials as on forced leave upon filing a certificate of candidacy regardless of whether they run for the same or a different office.

Rationale for the Decree

  • The enforcement of Section 30 of the 1978 Code was expected to cause administrative difficulties and instability in local governments due to the immediate forced leave status of elective officials upon candidacy filing.
  • Prompt designation of replacements for these officials was anticipated to be chaotic and conflict-ridden.
  • To avert such issues and maintain continuity and stability in local governance, the decree reinstated the automatic resignation principle specifically for officials running for another office.

Scope and Application

  • The decree strictly governs elective officials at the provincial, city, municipal, or municipal district levels.
  • It differentiates between candidacies for the same office, which do not cause automatic resignation, and candidacies for other offices, which do.

Presidential Authority

  • The President has discretionary power to appoint the candidate who has automatically resigned to the office for which they filed candidacy during the pendency of the election.

Effectivity

  • The decree took immediate effect upon its approval on December 29, 1979.
  • It serves as an executive remedy to clarify and stabilize the status of officials running for elective offices amidst changes in election law provisions.

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