MANILA -- The election lawyer of President Gloria Macapagal-Arroyo advised her critics to wait until December 1 if she would file her certificate of candidacy for any position or not.

Lawyer Romulo Macalintal said the President is qualified to run in any elective position in 2010 elections other than the presidency.

Macalintal, who served as Arroyo’s election lawyer in the 2004 presidential elections, said that at present, there had been no discussions about the President’s plans after her term ends in June 30, 2010.

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He said it is a personal decision and judgment that Arroyo would have to make amid calls from some allies and fear from her critics that she might run for Congress or even the vice presidency.

”She has not said anything about any plan to run for public office. Let us just wait until December 1. Let’s have more suspense on this issue,” Macalintal said.

He added that the President would not be pressured into agreeing to run just because some sectors are demanding it. “The President has her own mind… and she won’t be pressured just because of endorsements… And I know the President will study whether she should run or not.”

Macalintal does not see anything wrong if Arroyo would run for congresswoman or even vice president in 2010 since either any law or the 1987 Constitution bars her from running for any other elective post apart from the presidency.

He said what is prohibited for an elected president is to seek reelection.

Macalintal said that if ever Arroyo decides to run, it does not mean she is stooping to a lower position since Congress or the legislative branch is a co-equal branch of the executive and judicial branches of government.

He said instead of debating on the legality of Arroyo’s possible running, it should be the legal impediment on the candidacy of other political aspirants that should be addressed and discussed.

Macalintal is obviously referring to former President Joseph Estrada who earlier announced his bid for the presidency. Estrada was convicted of plunder but was released from jail after Arroyo granted him a conditional pardon.

“I am just wondering… there are other candidates with legal impediments, maybe we discuss that first. But insofar as the President is concerned, I can’t see any legal impediment, if ever she would run for any position in the forthcoming political exercise.”

Sleepless nights

Makati mayor and United Opposition (UNO) president Jejomar Binay on Friday belittled the chances of Arroyo if ever she decides to run again in the 2010 elections but admitted that she will surely give the next administration sleepless nights.

“How can the next administration focus on addressing the problems which Mrs. Arroyo will leave behind when you could still have her plotting ways to remain in power?” Binay said Friday.

An administration ally proposed on Thursday a vice presidential run for Arroyo, who is set to step down from office next year as mandated by the Constitution.

Lakas-Kampi-CMD senior deputy secretary general and Quezon Representative Danilo Suarez floated the idea of Arroyo running again for office next year as representative of Pampanga or even as vice president of the administration party’s standard bearer, Defense Secretary Gilbert Teodoro.

Arroyo's frequent visits to her home province of Pampanga -- already 47 times this year -- have heightened speculations that she might seek a congressional seat in next year's elections. But the President, who many believe would do everything to protect herself from prosecution - remains tight-lipped.

Binay said: “What the country needs is a vice president who won’t plot behind the back of the president and would sincerely care for the poor. President Estrada and myself believe that the problems facing the country are too enormous and would require a partnership and not a competition. The next administration should not be distracted by attempts to grab power.”

‘Big gamble’

Running for vice president, however, would be a “big gamble” for Arroyo, since she would have to contend with negative perceptions from the people, added Binay, who is UNO’s vice presidential bet in next year’s polls.

Contrary to claims that she is “winnable,” Binay said Arroyo would have a hard time convincing the people about her sincerity and her concern for the underprivileged.

“More Filipinos went hungry; millions could not find decent jobs during the eight years of Mrs. Arroyo. And her trust and approval ratings remain very low. This is the track record that she will present to the people should she decide to run for vice president,” he said.

A “safer route” for her would be her much-talked-about plan to run for a congressional seat in Pampanga and then seek the post of Speaker of the House of Representatives.

But an Arroyo win in Congress would also be headache for the next administration, since her allies have said Charter change will be a priority, according to Binay.

“It all boils down to the real motive. It is obvious that Charter change remains an unfinished agenda, and being Speaker would allow her to pursue this agenda,” he said.

Administration allies have said that amending the Constitution in order to shift to a parliamentary form of government would allow Arroyo to become prime minister.

Leftist party-list lawmakers also think Suarez's idea is impossible.

“The 1987 Constitution states that the President shall not be eligible for any re-election," Bayan Muna Representative Neri Colmenares said.

Other than its alleged unconstitutionality, Colmenares thinks Arroyo, who is being accused of cheating in the 2004 presidential polls, should no longer be given another chance at political power because she might never give it up.

“If she runs as vice president and they win, then at the moment, the elected president resigns or dies, she will again become the president,” he added. (JMR/AH/Sunnex)