Disqualification cases filed vs GMA

MANILA, Philippines - Two disqualification cases were filed yesterday at the Commission on Elections (Comelec) against President Arroyo, who is running for congresswoman in the second district of Pampanga in the 2010 polls.

In separate petitions, Akbayan party-list Rep. and Nacionalista Party senatorial bet Riza Hontiveros and presidential candidate Elly Pamatong said that Mrs. Arroyo is not eligible to seek any elective post.

They maintained that the President’s position deprives her rival of equal chances in the election. 

In his petition, Pamatong noted that Mrs. Arroyo’s candidacy violates Article II Section 26 of the Constitution which guarantees equal opportunities for public service. 

“The Constitution says ‘the president shall not be eligible for any re-election’… the word ‘election’ and the term ‘re-election’ must be interpreted in its generic sense and strictly. It should be interpreted to cover re-election for any position or cover any kind of re-election to any public office, otherwise the word ‘any’ would be meaningless,” he added.

Hontiveros echoed this argument, saying that “as current president, she has all the powers and the resources as well as access to it that will definitely prejudice the chances of any opposing candidate in any electoral competition against her.”

“It is not therefore difficult to contemplate a situation wherein a sitting president allowed to run for lower office wields the vast power, arsenal and prerogatives of the State to bear down against an incumbent who she or he is running against,” she added.

But Pamatong had also sought the disqualification of former President Joseph Estrada, standard-bearer of Partido ng Masang Pilipino, citing similar prohibition in the Constitution.

Pamatong maintained that Estrada’s candidacy violates Article VII Section 4 which prevents him from seeking the presidency “after he voluntary resigned” in 2001 at the height of People Power II.

This is the third disqualification case against Estrada.

The first was filed by Marcos loyalist and lawyer Oliver Lozano while the other one was lodged by lawyer Evillo Pormento who cited similar restrictions in the Constitution.  

GMA unfazed by disqualification move

Meanwhile, President Arroyo was unfazed by the move to have her disqualified from running for Congress in the May 2010 elections.

Romulo Macalintal, Mrs. Arroyo’s election lawyer, said he believes the Comelec has no jurisdiction to rule on the disqualification petition filed by Hontiveros.

Macalintal described the disqualification suit as “politically-motivated and a political harassment.”

“But we welcome all these suits so we can clarify issues. We are not bothered by such disqualification petitions,” he said.

“I’m sure they’re only after media mileage or trying to make a political statement. But this only shows that we are in a democracy. We are free to air our grievances, the President is free to answer this if ever the Comelec will give this due course,” he added. With Paolo Romero