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'Arroyo can run for VP'

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by Aries Rufo, abs-cbnNEWS.com/Newsbreak | 11/03/2009 6:13 PM

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Macalintal says post of House Speaker better for PGMA

MANILA - Why run for Congress when you can have one foot right at the doorstep of Malacañang again?

President Gloria Macapagal-Arroyo has the option to contest the vice-presidency in case she foregoes a congressional seat, as the constitutional ban on her only applies to the presidential post, legal experts told abs-cbnnews.com/Newsbreak.

A former justice, who is considered an expert on constitutional issues, said that by the rule of succession, Arroyo could be back in the corridors of the Palace.

That is, if something happens to the elected president, and provided she wins as vice-president, which is not exactly a new situation to her.

“By succession, she can be president again. The Constitution only bars reelection, not succession as President,” the former justice explained.

No need to resign: Macalintal

Election lawyer Romulo Macalintal, legal counsel of the ruling Lakas-Kampi-CMD, stressed that President Arroyo is free to contest any other position except the presidency.

Macalintal said President Arroyo does not have to resign in case she files her certificate of candidacy, as Section 67 of the Omnibus Election Code has been repealed by Republic Act (RA) 9906 or the Fair Election Act.

Sec. 67 of the Omnibus Election Code states: “Any elective official, whether national or local, running for any office other than the one which he is holding in a permanent capacity, except for President and Vice-President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.”

But Macalintal said this provision has been repealed as early as 2001 when Congress passed RA 9006. “The repeal was questioned in Fariñas versus Comelec, and the Supreme Court said Congress has the power to repeal.”

While the President could run for vice president, Macalintal thinks that seeking a position in a co-equal branch, like Congress, would be more appropriate for Mrs. Arroyo.

“I am not saying that she is running, but in case she seeks an elective post next year, a congressional seat would be better since that is a co-equal branch of government,” he said.

House Speaker more powerful

While he agreed that Mrs. Arroyo could run for vice-president, opposition election lawyer Sixto Brillantes said that the President is likely to seek a congressional seat where she has a chance of becoming the House Speaker. “The House Speaker is more powerful than the vice-president,” he noted.

Mrs. Arroyo has stoked suspicion that she may run for Congress next year with her frequent visits in the second district of Pampanga. Mayors from that district reportedly will issue a manifesto urging her to run in the May 2010 polls. (Read: Why Pampanga mayors want GMA to run for Congress )

As vice-president, she assumed the presidency in 2001 after the ouster of President Estrada. She won a tightly contested presidential race in 2004.

The ruling Lakas-Kampi-CMD is still scouting for a running mate for Defense Secretary Gilbert Teodoro, amid reports that several potential candidates are being courted. The party still has around a month to find one, as the deadline in the filing of certificate of candidacy is set on December 1.