President Arroyo
If in case President Arroyo runs for congress next year, is she mandated by law to resign from her post?
I think this is another case where the interpretation of the Supreme Court will be sought.
I am not a lawyer but I think she is not required to abandon Malacanang.
Why? There is no law that says a sitting president shall abdicate the Palace post once he or she files for candidacy, be it may for reelection or for lower position.
There is no law also that says a sitting president is not allowed to run for a lower position.
But the Constitution does not allow reelection of the president, as the term is fixed for six years.
I did not study law at all but I think the Supreme Court judges will be divided into two interpretations.
First interpretation: That President Arroyo can run for congress and that she is not obligated to resign because if she is deemed resigned, then all other elected officials prior to 2010 election are also deemed resigned like Vice President Noli de Castro, the Senate President and the House Speaker.
According to the Constitution, the succession of any vacancy in Malacanang is in the order of Vice President, Senate President and House Speaker.
I don’t think the Supreme Court justices will declare the Chief Justice as the temporary President of this country. Contrary to popular belief, the 1987 never mentioned that the Supreme Court Chief Justice will assume as acting President if in case the Vice President, Senate President and House Speaker are not qualified to assume the presidency.
Second Interpretation: (But this will get minority vote, anyway) That the sitting President is not allowed for reelection, much more to run for a lower position like vice president, senator, congressman and any local position for a simple reason that she has already achieved the highest elective post in the land and any position lower than the presidency is considered demeaning.
Why is it that the position of the President will never be declared vacant by the Supreme Court?
For as long as President Arroyo is still alive and neither she is permanently disabled, removed or has resigned, she will remain in Malacanang until such time that the new president is elected and proclaimed.
One more, which I think the Supreme Court justices will give much weight is a simple logic — why appoint a new temporary president when in less than 18 months an election for the said position shall be held?
Is it more divisive to appoint a temporary president considering that it is a very risky political act since the Philippines has still a very weak democracy considering the capability of the military to stage coup?
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