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Friday, March 19, 2004
SC cannot declare Arroyo on leave: lawyer
MANILA -- An election lawyer said Thursday the suit filed by two opposition senatorial candidates seeking to declare President Arroyo resigned from her post following her decision to run in the May 10 elections has basis in the law.
Romulo Makalintal said "the Supreme Court has no authority under the 1987 Constitution to declare an incumbent president on official leave."
He said the suit filed by opposition senatorial candidates Amina Rasul-Bernardo and Ma. Elisa "Boots" Anson-Roa "is not supported by any provision in any law."
Two pro-administration senators were quick to denounce the petition filed against Arroyo as "pure politicking" and part of political propaganda of the opposition.
Bernardo and Roa earlier sued President Arroyo before the Supreme Court (SC) for alleged "widespread and naked use of government resources" to bankroll her campaign.
In a 28-page petition, Bernardo and Roa, who are both running for senators under the opposition Koalisyon ng Nagkakaisang Pilipino (KNP) banner, said Arroyo should "be considered resigned" from her position and Vice President Teofisto Guingona allowed to take over as acting President.
The petitioners also sought oral arguments on their case.
They also asked the SC to prohibit the Commission on Audit (COA) from passing in audit any disbursement of public funds ordered by Arroyo and that National Treasurer Mina Figueroa be prohibited from paying or releasing salaries, allowances, emoluments, expenditures and disbursements to which a validly sitting president is entitled or authorized to spend or order to be spent.
Meanwhile, Senate Majority Leader Francis Pangilinan said the suit is obviously meant to gain media mileage for the opposition, as well as an attempt to destroy the good ratings of Arroyo.
"Apart from hoping to get media mileage for the petition, the KNP's asking the SC to make President Arroyo give way to KNP adviser Vice President Teofisto Guingona smacks of trapo (traditional politics) maneuvering of the highest order," Pangilinan added.
Pangilinan also said the opposition is just wasting the High Tribunal's precious time by filing a "baseless and politically-motivated petition." Thus, Pangilinan urged the SC to dismiss the petition for lack of merit.
Senate President Franklin Drilon, for his part, said the move to have Arroyo declared resigned "is wishful thinking on the part of the KNP."
"It's a political ploy and part of propaganda," Drilon added. Benjamin B. Pulta/JPM
(March 19, 2004 issue)
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