Practice question
An incumbent elected councilor files a COC for a different elective office. An opponent relies solely on the old Section 67 rule to say that the councilor automatically resigned upon filing. What is the defect in that argument?
- Section 67 applies only to private contractors.
- Filing a COC never has any legal effect on anyone.
- Elected and appointed officials must always be treated identically.
- RA 9006 expressly repealed Section 67, so that repealed provision alone cannot establish the claimed automatic resignation.
- The receiving officer becomes the new councilor immediately.
Legal references
- RA 9006, Section 14 repealing BP 881 Section 67: https://lawphil.net/statutes/repacts/ra2001/ra_9006_2001.html
- Quinto v. COMELEC, G.R. No. 189698, February 22, 2010, main resolution on reconsideration: https://lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html
- RA 9369, Section 13 amending RA 8436 Section 11: https://lawphil.net/statutes/repacts/ra2007/ra_9369_2007.html
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