Under the Omnibus Election Code enacted into law 24 years ago, an elective official is considered automatically resigned upon filing of the certificate of candidacy if he/ she runs for a position different from that he/ she is holding in a permanent capacity. There is an exception to this rule, a candidate is not considered resigned from his/ her present office if he/ she vies for the position of President or Vice President. A person running for reelection continues to hold the position till June 30 of an election year.

Under the above-cited rule, a Governor who runs for a district seat, a city mayor vying for a board seat, and a representative who files a certificate of candidacy for senator, are all deemed resigned. The candidate will be campaigning as a private citizen. For national positions, the position remains vacant until June 30. For local positions, the vacated position will be filled up by the official next-in-line applying the rule on succession. The Vice-Governor becomes the Governor, the Vice Mayor becomes the Mayor, in a permanent, not just in an acting capacity.

Next year, we will be electing the President, Vice President, 12 Senators, all District and Party-List Representatives, Provincial Governors, Vice Governors and Board Members, and City and Municipal Mayors, Vice Mayors and Council Members. Do we still follow the automatic resignation rule?

The rule has changed. Section 67 of the Omnibus Election Code providing for the automatic resignation has been repealed, not just amended. The Fair Election Act of 2001 expressly repealed the rule. The holding-on-to-the-position rule, whether a candidate vies for the same or different position applies to all elective positions—whether national or local. This new rule has been applied in the past three elections (2001, 2004 and 2007) and will likewise be applied to next year’s synchronized elections. And since the repeal is express, all-encompassing and without making a distinction, to say that it covers some but not all positions will be to legislate when there is no law to speak of.

In view of the repeal, a Governor who runs for a district seat, a city mayor vying for a board seat, a representative who files a certificate of candidacy for senator, do not forfeit their positions. While campaigning for a district seat, the Governor will continue to function as local chief executive of the province until June 30, 2010. This is the law now. The only way to amend the law is to repeal the repealing clause in the Fair Election Act or to provide a different rule by legislation.

To all fathers out there, belated Happy Father’s Day. I am a proud father of two—a 17-year-old daugther who is an international tennis player and who will soon leave for the United States to pursue a degree in Communications, and a 16-year-old son who wants to be an engineer or architect some day.

Let me share with you the essay written by my daughter Jessica. She wrote this as part of the requirements for her college application. It served as a poignant reminder to me about what being a parent truly means, and the remarkable responsibility we hold shaping the lives of innocents who see our every act as the standard by which their own lives will be measured.

Growing up as a child, I have always wanted to be someone extraordinary, different from the rest, better than the rest. And this was because of the great influence of my dad on me. It wasn’t and still isn’t easy to be a daughter of a very successful, ambitious, intelligent, honest, generous, hardworking lawyer. The perfectionist that he is, he is always strict and has high expectations. But I know that he just wants the best for me. At times I feel pressured because I never want to let him down. I was always told that I should not settle for anything mediocre. Dream bigger and work harder so I can be the best in whatever it is that I choose to do. Like what my dad always says, “good is the enemy of the better.” I know that having this mentality would help me become the best person that I can be. Whether it be in school, in tennis, or in anything in life that I will encounter. I am blessed and thankful that I have my dad as a role model I can look up to. I hope I can be as successful as him someday, and make this world a better place in whatever way I can. He is my inspiration to achieve greater things in life. I hope and pray that the path I’m taking will eventually get me to the top and be someone that people can look up to as well.

(E-mail comments and anecdotes of sea change to This e-mail address is being protected from spambots. You need JavaScript enabled to view it )