By Joel R. San Juan and Rene Acosta
ELECTION lawyer Romulo Macalintal on Monday said the resignation of Interior Secretary Manuel “Mar” A. Roxas II from his post to pursue his presidential ambition is a matter of delicadeza than a requirement of the law.
In a statement, Macalintal noted that there is no law requiring appointed government officials to resign from their posts after making public their intention to participate in elections.
Roxas has been proclaimed as the standard bearer of the Liberal Party (LP) for the 2016 presidential elections.
“It is actually addressed to his [Roxas] sound discretion or sense of delicadeza…. The law does not require him to resign,” Macalintal said.
Section 13 of the Poll Automation law provides that appointive officials and employees “shall be considered ipso facto resigned from his office and must vacate the same at the start of the day of the filing of the certificate of candidacy.”
On the other hand, Section 67 of the Omnibus Election Code, which mandates the automatic resignation of elective officials if they run for any position other than the one they are holding in a permanent capacity, was annulled by Section 14 of Republic Act 9006, or the Fair Election Act.
Following President Aquino’s announcement that Roxas is the LP’s standard bearer, some sectors have called on Roxas to resign to prevent him from using his post for his political ambition.
The Commission on Elections has set the filing of certificate of candicacy for the May 2016 national and local elections from October 12 to 16.
Roxas bids adieu
ROXAS, meanwhile, bid good-bye to the National Police on Monday as he began divesting himself of his duties leading to his resignation in order to push for his presidential campaign.
“I will bid good-bye to the DILG [Department of the Interior and Local Government] and to the other units,” he said after gracing the traditional Monday flag-raising ceremony of the National Police at Camp General Rafael Crame, Quezon City, where he delivered his last message to the men and women of the police organization.
On Monday afternoon, Roxas said he was scheduled to meet with Aquino to discuss his decision to officially leave the Cabinet.
In his speech at Camp Crame, Roxas recalled how he accepted the post of administering the National Police more than two years ago by becoming the secretary of the DILG.
He also recalled the challenges that he and the force have faced and went through, especially in the campaign against crime.
“It is my honor to have served along with you. I am proud to have been with you and to have served with you,” Roxas said.
He prodded the policemen to continue doing the “right thing” as he assured he would do everything in order to ensure that the improvement of the force will continue.
“Ladies and gentlemen of the National Police, God protect you and keep you in his embrace. It has been my pleasure and a great, great honor to serve with you. I give you my snappy salute,” he ended.
Roxas declined to identify his possible successor or whom he had recommended to replace him.
“We talked over the weekend some possibilities, but the President is not going to easily make an appointment, he will study it, determine who is going to be the best appointee,” he said.