Legalese 2009 (Week 26)


ipso facto resignation rule for candidates – rule that a person holding a public position is considered resigned from his office upon filing his certificate of candidacy


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 the President and Vice-President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. (Omnibus Election Code, sec. 67).


Section 14 of the Fair Election Act (Republic Act No. 9006) repealed the above quoted provision of the Omnibus Election Code.


If the President decides to run for a Congressional seat, is she deemed resigned from the Presidency upon filing of her certificate of candidacy?