Shall incumbent sectoral representatives in the House of Representatives nominated as party-list representative be considered resigned?
*
No, by express provisions of Sec. 8, R. A. 7941 which reads:
“Incumbent sectoral representatives in the House of Representatives who are nominated in the Party-list System shall not be considered resigned.”
The provision creates a special class for incumbent sectoral representatives as to remove them from the general application of Secs. 66 and 67 [Repealed by Section 14, R. A. No. 9006] of the Omnibus Election Code which are quoted in the succeeding question.
* If nominees of political parties and sectoral parties and organizations are employees of the government, whether by appointment or by election, are they deemed ipso facto resigned from office upon the filing of the list of nominees?
Yes. Sections 66 and 67 [Repealed by Section 14, R. A. No. 9006] of the Omnibus Election Code state:
“Sec. 66. Candidates holding appointive office or position. 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.”
“Sec. 67. Candidates holding elective office. Any elective official whether national or local, running for any office other than the one which he is holding in a permanent capacity, except for President and Vice President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.” [Repealed by Section 14, R. A. No. 9006]
The specific mention of the incumbent sectoral representatives for non-coverage of the above provision implies that other party-list nominees shall be covered by Secs. 66 and 67. [Repealed by Section 14, R. A. No. 9006]
* Is it necessary for a nominee to be a member of the party nominating him?
Yes. A nominee should be a bona fide member of the party or organization he seeks to represent for at least ninety (90) days preceding the day of the election.
* What are the effects of accepting a nomination?
[a] Any person holding a public appointive office including active members of the Armed Forces of the Philippines (AFP) and other officers and employees in government-owned or controlled corporations shall be considered ipso facto resigned from his office upon acceptance of a nomination.
[b] Any elective official, except incumbent party-list representatives, who has given his consent to a nomination shall be deemed resigned only upon the start of the campaign period.
2007 Elections
