FACT CHECK | Marcoleta’s withdrawal means he can be appointed to the next Cabinet is true

May 3, 2022 , 03:27 PM

By Mikee Garcia

(May 3, 2022) – A Tiktok video claimed that SAGIP Rep. Rodante Marcoleta is now immediately eligible to assume a Cabinet position in the next administration after choosing to withdraw from the senatorial race.

This claim is true.

CLAIM:

The TikTok video, which was posted by a supporter of presidential candidate Bongbong Marcos Jr., posited that Marcoleta’s surprising decision to pull out of his senatorial bid in the 2022 elections might be more beneficial to him than pursuing it.

“’Pag natalo ka, according to the 1987 Constitution, Article IX-B, Section 6, if I’m not mistaken, tells us (ang) candidate na natalo sa eleksyon ay hindi pupuwedeng maupo, ma-appoint sa kahit anong government position, government agency, or government-owned corporation for one whole year,” said the video.

It added that Marcoleta could now earn a Cabinet position if the successor of President Rodrigo Duterte finds him suitable. “It would have been such a waste to have had him wait out a whole year because of this ban, this provision in the Constitution,” added the video.

RATING: TRUE

FACTS:

Marcoleta withdrew from the senatorial race last April 21, saying he already read the “writings on the wall.” He accepted that he was trailing in surveys and it did not seem likely that he would make it to the top 12.

The TikTok video was correct in citing Article IX-B, Section 6 of the 1987 Constitution which states, “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.”

Commission on Elections (Comelec) commissioner George Garcia, in accepting Marcoleta’s withdrawal, also affirmed that the one-year ban on government appointment would no longer apply to the lawmaker.

Marcoleta filed his certificate of candidacy under the Partido Demokratiko Pilipino-Lakas ng Bayan and was endorsed by Duterte. He was also the “first pick” in the senatorial slate of Marcos and his running mate Davao City Mayor Sara Duterte-Carpio.

Marcoleta was a largely unknown representative until he gained notoriety for being one of the lawmakers who led the shutting down of ABS-CBN in 2020.

He was heavily criticized last November for placing his campaign advertisements on ABS-CBN after aggressively pushing for its closure.

Since his name was already printed on the official ballots, any vote cast for him will be considered a stray vote and will not count.

WHY THIS MATTERS:

Marcoleta gaining a Cabinet position would mean that Duterte will keep at least one ally in the next administration. The chance of this happening could increase if Marcos and Duterte-Carpio win, given their political links.

As of writing, the TikTok video, which immediately went viral, has 727,400 views, 70,600 likes, 213 comments, and 2,391 shares.

News 5 is part of #FactsFirstPH which brings together various sectors that are committed to promoting truth in the public space, and exacting accountability on those who harm it with lies. For those interested to join the initiative, e-mail info@factsfirst.ph. Message News 5’s Facebook page if you want to have any claims fact-checked.

Read our fact-checking policy here.

(PM)

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