MANILA, Philippines - At least 2 Cabinet secretaries who are running in the May 10 elections said they are leaving their posts based on the Supreme Court's (SC) ruling which considered them resigned for having filed their certificates of candidacy (COCs) in the May 10 elections.

In a statement released Wednesday, Budget Secretary Rolando Andaya said he is tendering his resignation because he has no choice but to obey the SC ruling.

"However, protocol and civil service rules oblige me to tender my resignation, out of courtesy, to the appointing authority, the President, as I cannot abruptly and arbitrarily abandon my office without notifying her," Andaya said.

He said he needs to go through the Department of Budget Management's (DBM) transition system so as not to disrupt its operations.

Andaya is running to represent a district seat in Camarines Sur in Congress.

He is the second member of the Arroyo economic team to resign because of plans to join the 2010 race. The first was Ralph Recto who resigned his post at the National Economic and Development Authority (NEDA) in August. In November, Finance Secretary Margarito Teves announced that he is staying on as head of the economic team after abandoning his own political plans.

International investors have been watching movements in the Arroyo economic team, which is in-charge of ensuring the fiscal and monetary health of the country amid the global economic slowdown.

As the budget secretary, Andaya headed the agency mandated "to promote the sound, efficient and effective management and utilization of government resources."

As certain as death and taxes

Justice Secretary Agnes Devanadera, meanwhile, said her resignation is "as certain as death and as certain as taxes."

Devanadera said that her impending resignation was the reason why she made an appearance in Wednesday's hearing on the multiple murder cases filed by the Department of Justice (DOJ) against members of the Ampatuan clan, including Datu Unsay Mayor Andal Ampatuan Jr., for the massacre of 57 people in Maguindanao province last Nov. 23, 2009.

The justice secretary, who is seeking a congressional seat in the 1st district of Quezon province, said she has not written a letter of resignation, "but the intention is there already."

She added that even if the SC did not issue the ruling, her resignation was inevitable since she has to actively campaign in her district.

Another big case being handled by the DOJ that needs to be properly turned over is the one against Sen. Panfilo Lacson, who fled the country last January before the court's issuance of an arrest warrant in connection with the November 2000 Dacer-Corbito double murder.

The other Cabinet members running for local posts are Executive Secretary Eduardo Ermita for Congress in the 1st district of Batangas; presidential legal counsel Raul Gonzalez for mayor of Iloilo City; and, Agriculture Secretary Arthur Yap for Congress in the 3rd district of Bohol.

Supreme Court reverses ruling

The Supreme Court (SC) announced on Monday that it had reversed an earlier decision that appointed officials running in the May 10 polls need not resign until the start of the campaign period. (Read: Supreme Court: Appointed officials running in May 10 polls must resign)

Malacañang said in a statement on Tuesday that it was leaving it up to the affected Cabinet members what steps to take in reaction to the SC ruling.

Court Administrator Jose Midas Marquez had said that the Cabinet officials may file a motion for clarification before the high court due to its conflicting rulings on the issue.

“There seems to be a confusion if it is immediately executory or not. It would be best that a motion for clarification be filed so that the Court can clarify whether the decision is immediately executory,” Marquez added.

He said any of the parties can seek clarification from the Court, but without a motion for clarification or a motion for reconsideration, Marquez said the decision “stays as it is.”

He indicated that appointed officials might face election complaints from their rivals if the Court later rules to uphold its decision issued on Monday. -- Reports from Ron Gagalac and Timi Nubla, ABS-CBN News