All 2025 partylist nominees holding public positions are now considered to have resigned as soon as their organizations have filed its certificate of candidacy.

The Supreme Court made this decision in response to a petition filed by prominent lawyer Romulo B. Macalintal who challenged a Commission on Elections resolution onthe issue.
Following an en banc session on Monday (October 1) the High Court granted Macalintal’s appeal for the issuance of a temporary restraining order against the continued implementation of Section 11 of Comelec Resolution No. 11045.

The said resolution allows government appointees to continue holding office despite the their nomination as partylist representative.

“The Court granted the prayer for TRO, effective immediately. COMELEC is enjoined from implementing Section 11 of its Resolution No. 11045. All parties are required to observe the status quo that public appointive officials are deemed resigned upon filing their certificate of candidacy,” said a statement issued by the SC.

The SC magistrates further directed the poll body to comment on Macalintal’s petition within a “non-extendible period of 10 days from notice.”