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Opinion

Why should candidates resign from their private jobs?

WHAT MATTERS MOST - Atty. Josephus Jimenez - The Freeman

With due respect, I find it hard to understand why the Supreme Court requires the employee of a private firm to resign if he or she decides to run for public office. Just because of a company policy, the SC ruled they should resign from their private employment. Why? They cannot serve two masters at the same time? They have to make a choice? They tend to be loyal to one and disloyal to the other? They cannot have their cake and eat it too? The two positions are incompatible? They cannot co-exist? Does it constitute an indubitable conflict of interests? I don't think so, but I am just a lawyer. The SC does not agree with me. The SC said so, in effect, in a decision involving a case that happened here in Cebu.

In the case of Ernesto Ymbong vs. ABS-CBN and Dante Luzon (GR 184885) decided on March 7, 2012, the SC held as a valid exercise of management prerogative the network's policy that required all employees running for public office to submit their resignation prior to filing their candidacy certificate. Ymbong, then a voice talent and scriptwriter, ran for councilor in Lapu-Lapu City but did not resign. Another employee, Leandro “Boy” Patalingjug, talent director and scriptwriter, ran for councilor in Naga after tendering his resignation. They were both aware of the company policy providing that employees who want to run for public office should resign.

Both Ymbong and Patalingjug lost. When they tried to go back to ABS-CBN, they were barred from returning to their jobs. They filed a case for illegal dismissal. The arbiter ruled that they were illegally dismissed. The NLRC modified the ruling and held that only Ymbong was illegally dismissed. Patalinghug had resigned voluntarily. The Court of Appeals reversed and held that both of them were legally terminated. The SC affirmed and held that that ABS-CBN policy was valid. Justice Villarama penned the ruling concurred by justices Corona, Leonard-de Castro, Perlas-Bernabe, and Lucas Bersamin, the current chief justice.

With all due respect, I disagree. I am just a member of the Bar but I think an earlier ruling in the case of Manila Broadcasting Company vs. NLRC (GR 121975), promulgated on August 19, 1998, is more just and reasonable. I submit there is no conflict of interest when the candidates are not yet elected. The moment they win, it is time to resign. Mere filing should not be considered an offense because it is the constitutional right of every Filipino to be voted upon in a democratic election. ABS-CBN tried to avoid becoming embroiled in partisan electoral processes, and maintain neutrality as a public image, but countless times, it sided with partisan political parties. The Lopez family is very political, and Serge Osmeña is married to a Lopez.

Patalingjug and Ymbong were excellent talents. They just wanted to serve their local governments. Honestly, I do not see any conflict. Being councilor is not a full-time job. During sessions, they could take a leave of absence. Both ABS-CBN and the government lost because of this silly rule.

vuukle comment

POLITICS

SUPREME COURT

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