August 3, 1995

DAR OPINION NO. 37-95

PARO Danilo M. Orbase

DAR Provincial Office

Pagbilao, Quezon

Dear PARO Orbase:

This refers to your request for opinion on what legal effect the candidacy and subsequent election as Vice-Mayor of Mr. Prudencio Maxino on his previous appointment as Quezon PARCCOM Chairman.

The pertinent legal provision is found in Art. IX, Sec. 66 of Batas Pambansa Blg. 881 (Omnibus Election Code of the Philippines), quoted hereunder as follows:

"Sec. 616.     Candidates holding appointive office or position. — Any person holding a public appointive position, including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy."

From the foregoing, it is clear that Vice-Mayor Maxino was considered automatically resigned as PARCCOM Chairman upon the filing of his certificate of candidacy. It follows that as of said date of filing, he no longer possessed the powers vested in the PARCCOM Chairman, hence could no longer legally discharge his duties as such.

Please be guided accordingly.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office

Copy furnished:

USEC Jose Noel D. Olano

Director Jose T. Domingo

PARC

The Regional Director

DAR Regional IV

PARO Durante Ubeda

DAR Gumaca, Quezon