Demeaning the presidency

MANILA, Philippines – President Gloria Macapagal Arroyo’s intended run for a seat in Congress during the remaining months of her incumbency is not allowed by the Constitution. This is so because the awesome functions and privileges of an incumbent President carries with it inherent and built-in legal and moral limitations to seek another political office.

The preoccupation that a sitting President cannot run for reelection under the terms of the 1987 Constitution may have led the President’s legal team to conclude that the only electoral exercise where she could not participate as a candidate herself is the election for the presidency. They further claim that no law disallows her to run for a lesser elective post.

The truth is that she cannot run for a lower elective public office during the remaining months of her incumbency. If she does, her legal option is to be on terminal leave.

The rule springs from specified constitutional oath to faithfully and conscientiously discharge the duties of her office during her term which is six years from her election in 2004 to June 30, 2010. She cannot be a candidate during daytime and a president at night.

Principles of immunity from suit and executive privilege of the President have been universally accepted to make the exercise of her functions in accordance with her oath effective.

When she files her certificate of candidacy she becomes an ordinary candidate and like any other candidate is susceptible to charges or indictment for violation of election laws during the campaign.

Immunity is indivisible. Once lost during the campaign, it is lost in all other aspects of presidential exercise. For example, she can be brought to court whenever she makes appointments, orders the release of funds, or in the important function of treaty-making. Here is a case of a legally disabled President whose time will be occupied by myriad litigations and her ability to govern and make decisions by the loss of her claim to executive privilege. Is not disability a ground for removal?

The same rationale of providing the limitations of the President on reelection shall apply when she attempts to run for Congress while she is also the incumbent. Using the resources of the Presidency, whether to be reelected to the same position of President or to a lower position violates the principle of constitutionally protected fairness in all election contests.

The Constitution recognizes that once a person is elected to the highest office such person must act as a wise elder, a statesman that knows the bounds of propriety and recognizes that fairness, equity and justice is the bedrock of a free and just society.

Thus, the nature, power, and privileges of the Presidency, which is sui generic or a class by itself, does not require a law to prevent her from running for another while still exercising vast presidential powers and prerogatives.

To look for a law that prohibits her running is asking for a redundancy. To run without such law is the height of responsibility.