Commission on Elections (Comelec) spokesman James Jimenez said there are “questions of ethical consideration” in the last-minute Supreme Court ruling allowing appointed officials to stay in office after filing their certificates of candidacies (CoC).

Voting 8-6, the High Court ruled as unconstitutional a provision in the 14-year-old Omnibus Election Code, which says appointed officials are deemed resigned once they file a CoC. The ruling was issued on the last day of filing of CoCs.

“We have to study the decision carefully to find out what exactly the intent of the court was,” Jimenez told reporters on Wednesday.

“It gives a very different complexion on the elections now,” he added.

But while Jimenez thinks the court ruling may be unfair to appointed officials who have earlier resigned from their posts, he said the Comelec will follow it.

“If the Supreme Court says that this is how you interpret the law, then this is how it is. And who interprets what the law says? The Supreme Court does,” he said.

Among the appointed officials who have earlier given up their posts are Lakas-Kampi running mates Gilbert Teodoro and Edu Manzano. They resigned as defense secretary and Optical Media Board chair, respectively.

Senatorial aspirants Ralph Recto and Vicente Sotto III also resigned from the Dangerous Drugs Board and the National Economics and Development Authority, respectively.

On the other hand, the SC ruling benefited appointed officials who have not left their posts. Among them are environment secretary Jose Atienza and Cabinet secretary Silvestre Bello. Atienza seeks to regain his post as Manila mayor. Bello is running for senator.

Nevertheless, Jimenez also sees benefits in the SC ruling.

“If appointed officials remain in office, it will be much easier to track whether or not they are using the resources of their office rather than they resigned and they were able to use funds simply because of influence,” he said. (Newsbreak)