Comelec may rule on whether 1-year appointment ban applicable to Marcoleta

MANILA - The Commission on Elections (Comelec) may have to rule on whether SAGIP Partylist Rep. Rodante Marcoleta can be appointed to a government position within a year after the election after he withdrew from the senatorial race.

"Personally I have my opinion on that, so tignan din natin because definitely that will be an issue that will be raised in the Commission as to whether the one year ban is applicable to him. We are fully aware that the basis of one year is the conduct of the election," Commissioner George Erwin Garcia said Thursday.

Garcia said on Wednesday night that the constitutional ban may not apply to Marcoleta.

"Technically , the rule is not applicable to him kasi walang election so to speak as far as he is concerned." Garcia said.

The 1987 Constitution said that no candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any government-owned or controlled corporations or in any of their subsidiaries.

Garcia also sidestepped questions on whether Marcoleta can still vie for other positions in the election.

"Mahirap sagutin yan ngayon, it's very difficult because we're going to speculate. We will cross the bridge when we get there simply because that will also be an issue that will be raised before the commission maybe somebody will oppose if that will happen or he will be asking our permission to allow him to do that then that will still be the subject of discussion by the Commission." Garcia said.

"So we will just wait for any eventuality on whatever is the plan of Cong. Marcoleta ," Garcia added.

The poll official, however, explained that the time for substitution is over.

The period of substitution by reason of voluntary withdrawal lapsed on November 15, 2021.

Garcia confirmed on Wednesday that Marcoleta came to see him April 21 in his office.

"Opo. Pumunta po siya sa office ko dala ang withdrawal and I referred him to the law department," Garcia said.

Marcoleta has not placed in the winning circle of the Senate in all senatorial surveys on the 2022 national and local elections.

• UniTeam senate bet Marcoleta withdraws from #Halalan2022: Comelec

Marcoleta said as much in a statement released by the PDP-Laban Cusi wing.

"After a grueling 4-month campaign sorties in several parts of the country, where he spoke before large crowds of Uniteam and PDP-Laban rallies, Deputy Speaker Dante Marcoleta decided to drop his senatorial bid for the May 9, 2022 polls,"tThe statement said.

Citing poor showing in running surveys conducted by various pollsters, Marcoleta said that 'the fighter in me should also be brave enough to read the writings on the wall. Let's call a spade a spade,'" the statement.

Garcia said Marcoleta must still file his election campaign statement of contributions and expenses. All candidates are required to do so within a month after election day.

Garcia said Marcoleta told him why he was withdrawing but it was too personal to disclose.

He is among the lawmakers who voted to deny the renewal of the ABS-CBN franchise in 2020. He has relentlessly pursued the investigation of alleged misdeeds of the network despite being rebutted by various government agencies.