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Why Arroyo can run for Congress without resigning

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by Gemma Bagayaua-Mendoza, abs-cbnNEWS.com/Newsbreak | 06/23/2009 7:35 PM

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And how the Supreme Court may be convinced to stop it

MANILA - Is it fair for President Arroyo to run for a congressional seat without quitting her post?

Fair or not, what matters is that there is nothing in the law that requires her to quit, legal experts say—at least, not at the moment.

Section 67 of the Omnibus Election Code used to require incumbent elected officials to resign from their current posts if they are running for a position other than the one they are currently holding. The only exception to this rule was when they were running for president or vice-president, in which case they were no longer required to resign.

The provision, election lawyer Sixto Brillantes says, was supposed to prevent public officials from taking advantage of their positions when seeking other elective posts.

In February 2001, however, this provision in the Election Code was repealed through the Fair Elections Act. Since then, many local and national officials who ran for public office in the 2001, 2004 and 2007 elections have already benefited from the revised law.

But if they are really determined, the president’s critics may still be able to stop the president from taking advantage of this provision by questioning the constitutionality of the repealing clause before the Supreme Court, prominent election lawyer Sixto Brillantes says.

Rider prohibited

This is because the clause that repealed section 67 may actually be considered a “rider” in the Fair Elections Act.

A rider is an additional provision annexed to a bill that has little connection with the subject matter of the bill. It is customarily used as a tactic to pass controversial legislation in the United States Congress where there are no legal or other limitations to its use.

The Philippine Constitution, however, prohibits this practice. Section 26 of the Constitution provides that “every bill passed by the Congress should embrace only one subject which shall be expressed in the bill’s title.”

The Fair Elections Act was supposed to govern election-related propaganda.

In fact, when the measure was up for approval on second reading at the House of Representatives, then Ilocos Norte Representative Rodolfo Fariñas objected to the provision, pointing out that this clause was “clearly a rider” because it is not expressed in the title of the bill.

“The ban on advertising--that is what we are lifting,” Fariñas pointed out. “So how (can) we erase an unrelated provision of the Omnibus Election code?”

Fariñas also pointed out that, with the provision repealed, the Speaker would benefit “because even if they will run for mayor, they will retain the position of Speaker.”

Fariñas added that he would question the provision before the Supreme Court. Apparently, he never did.

Brillantes said no case has been brought to the High Court questioning this provision in the Fair Elections Act.

Apart from Fariñas, however, only Davao City Representative Manuel Garcia voted against the bill when it was approved on third reading by the lower House.

Arroyo's rival can file case

“Until it is questioned, the law is effective,” election lawyer Sixto Brillantes told abs-cbnNEWS.com/ Newsbreak.

He noted, however, that it is doubtful if candidates will question the provision because everybody benefits from it. “Most of our clients did not want to question it.” 

Moreover, not just anybody can question the law, Brillantes said. “It can’t be a taxpayer’s suit because there is no appropriation involved.”

If the issue is brought to court on the basis of the President’s candidacy for Congress, he said, the proper party will be her rival for the same post.

Among the prominent national figures who took advantage of the amendment were Senators Lito Lapid and Alfredo Lim, both of whom were mid-termers who ran for Makati and Manila mayor respectively in 2007.

Lapid was able to return to his Senate seat when he lost to Makati Mayor Jejomar Binay.

Incumbent Quezon City Mayor Feliciano Belmonte also benefited from the revised law because it allowed him to remain as House Speaker while he was vying for mayor of Quezon City. – with research by Leilani Chavez, abs-cbnNEWS.com