President's lawyer to Hontiveros: Why not question senators seeking other posts, too?

MANILA, Philippines--The Commission on Elections (Comelec) on Thursday removed all impediments to President Arroyo's candidacy as congresswoman of the 2nd district of Pampanga, as it dismissed the last pending disqualification case filed against her.

The second division of the poll body said it found no merit in the petition filed by senatorial candidate and Akbayan Rep. Rissa Hontiveros to bar Arroyo from running.

In her petition filed last December, Hontiveros said that the Constitution does not allow the President from seeking re-election. She also cited the undue advantage that the President has over her rivals. "As current President, she has all the powers and resources as well as access to it that will definitely prejudice the chances of any opposing candidate in any electoral competition against her," she said.

The Comelec resolution said that the constitutional ban on the President's re-election it is not worded "in an unequivocal manner.... It could have stated, 'The President shall not be eligible for any reelection to the same position and for election to any other elective position.'"

The resolution also dismissed the "equal protection clause" claim of Hontiveros. "The petition [of Hontiveros] cites no particular law or jurisprudence that would prohibit [Arroyo] from running for another position in the government, such as the lower position of Congressman, in the coming elections when her term as president will expire."

This was the same explanation used by the Comelec in dismissing earlier the disqualification case against Ms. Arroyo that was filed by lawyers Oliver Lozano and Ely Pamatong.

Romero Macalintal, counsel for Arroyo, told reporters that Hontiveros was very inconsistent with her position. He criticized Hontiveros for not questioning the incumbent senators who are running for president, as they might also use their current position in their campaign advantage. "Mahina ang kanyang petition. Mga political statements lamang ang kanilang sinasabi."

Hontiveros said that her camp was "expecting nothing" from the promulgation. Claiming that the case is of "transcendental importance," she said she will no longer appeal the Comelec division's ruling and will instead file a petition with the Supreme Court.

Macalintal said he hoped that certain individuals or groups would avoid filing "non-sense" cases such as Hontiveros's because they take time away from more important cases that the Comelec and Supreme Court have to resolve. (Newsbreak)