It’s final: Arroyo may campaign while in office

The Supreme Court denied with finality yesterday the appeal of opposition senatorial candidates Ma. Eliza "Boots" Anson-Roa and Amina Rasul-Bernardo over the dismissal of their petition seeking to declare President Arroyo resigned or on official leave on claims she is using government funds to sustain her candidacy.

In a one page en banc resolution, the Supreme Court said the petitioners raised the same issues in their motion for reconsideration which has been passed upon by the court.

"No substantial arguments were presented to warrant the reversal of the questioned resolution," the high court said.

Roa and Bernardo had argued Mrs. Arroyo being the incumbent should not be allowed to be a candidate while running the government at the same time.

In filing their motion for reconsideration over the March 30 decision of the high court, petitioners said the court committed an error in stating that Mrs. Arroyo was not covered by the constitutional ban on seeking reelection.

The court pointed out Mrs. Arroyo merely assumed the remainder of President Joseph Estrada’s term in January 2001 and that she had not yet served for more than four years.

But the petitioners said Mrs. Arroyo not merely assumed the powers and duties of the presidency but also its limitations and boundaries set upon by the Constitution.

The high tribunal in its March 30 decision dismissed the petition of Roa and Bernardo for lack of jurisdiction and cause of action.

The Supreme Court stated in its six-page resolution that the arguments presented by the petitioners have no basis under the Constitution or any law which would compel Mrs. Arroyo to resign or go on leave following her decision to seek a full six-year mandate for this year’s elections.

The court said they have no jurisdiction over the petition insofar as removing Mrs. Arroyo from office and replacing her with Vice President Teofisto Guingona Jr. is concerned.

Roa and Bernardo alleged Mrs. Arroyo is using public funds to prop up her campaign. They claimed the President is using the vast resources of the government in her election campaign and disbursing funds for illegal purposes, constituting offenses under the Omnibus Election Code and the Fair Elections Act.

They said the Supreme Court should direct the Commission on Elections (Comelec) to disqualify Mrs. Arroyo from the presidential race and order the cancellation of her certificate of candidacy should she refuse to step down.

Roa and Bernardo also included Executive Secretary Alberto Romulo, National Treasurer Mina Figueroa, and the Commission on Audit (COA) as respondents. The petitioners asked the court to order Romulo to "cease and desist" from authorizing the National Treasurer to pay Mrs. Arroyo her salaries, allowances and other benefits due to her position.

"These allegations if proven to be true would constitute violations of the law. This court, however, is not the proper forum in which to pursue such charges. It is the Commission on Elections that has the primary jurisdiction over alleged violations of election laws," the court said.

"Furthermore, factual issues are involved, necessitating a suit in a forum that is a trier of facts," the court pointed out.

The Supreme Court dismissed the petition with finality without even ordering Roa and Bernardo to submit their respective comments.