Hataman need not resign
While President Benigno Aquino III appointed him, Hataman was holding an elective post as officer-in-charge governor of ARMM.
And under the Fair Elec-tions Act and Omnibus Election Code, only indivi-duals holding appointive posts are deemed automati-cally resigned after filing their CoCs.
The position that Hataman is holding is an elective position, even if he was appointed by the President by virtue of the law on the ARMM postponement of elections so these could be synchronized [with the 2013 elections]. That supervening event does not change the character of position that he is holding.
And since Hataman’s hol-ding an elective post, he has a “mandate” and he needs to finish it.
Election lawyer Romeo Macalintal said that officers-in-charge appointed by the President to executive and legislative posts in the ARMM should be considered re-signed upon filing of their COCs.
The President appointed Hataman OIC governor of the ARMM in December 2011 after the region’s elections set in August of the same year were reset and synchronized with the 2013 elections through Republic Act 10153.
Apart from Hataman, the President appointed a vice governor and 27 members of the Regional Assembly.
Meanwhile, Hataman said the President himself prodded him to run for governor in the ARMM to continue the reforms that the administration initiated.
Hataman agreed but only after consulting his wife and children, who expected him to serve in the ARMM until next year’s midterm elections.
The President appointed Hataman as OIC governor to clean up the ARMM, which for years had bred political conflict and warlordism that reared its ugly head in the November 2009 massacre of 58 people in Maguindanao province.
Hataman welcomed the prospects of facing former ARMM governor and Moro National Liberation Front chairman Nur Misuari and former Sultan Kudarat Representative Pax Mangudadatu in next year’s gubernatorial race.