President Gloria Macapagal Arroyo can run for vice president or congresswoman in the May 2010 polls without stepping down from the presidency, election lawyers said on Friday amid speculations that she will seek political office next year.In an interview over radio dzXL, President Arroyo's lawyer Romulo Macalintal said there is no law prompting Mrs. Arroyo to resign or take a leave from the presidency while campaigning for an electoral post.
"Walang leave of absence, di siya dapat mag-resign. Walang batas na nagsasabing dapat siya mag-resign (There will be no need for her to take a leave of absence or resign. There is no law saying she should quit her job to campaign)," Macalintal said.
With her Congress allies pushing for Charter change, speculation is rife that Mrs. Arroyo will run for Pampanga congresswoman in 2010. Under a parliamentary form of government, she can run for prime minister and remain in power.
Her frequent visits to Pampanga - she has visited the province 47 times this year alone -further fuel the rumors.
On Thursday, her political ally, Quezon Rep. Danilo Suarez - who also happens to be administration party Lakas-Kampi-CMD's senior deputy secretary general - admitted that the possibility of Mrs. Arroyo seeking a congressional seat next year has been discussed within the party. [See: VP or Speaker? Allies start charting Arroyo's future]
Suarez also said Mrs. Arroyo would be an "asset" to the next administration if she runs and wins as vice president.
Even poll lawyer Sixto Brillantes, who is not aligned with the Arroyo administration, conceded that Mrs. Arroyo is not required by law to quit her post should she decide to run next year.
"Under RA 9006 anybody who runs for another office is not considered resigned," he said in a phone interview with GMANews.TV.
"She can run for any other post without resigning the presidency," Brillantes added.
Fair Election Act
Republic Act 9006 or the Fair Election Act also effectively repealed Section 67 of the Omnibus Election Code which says that any elective official except for president and vice president who is running for any office other than the current one is considered ipso facto resigned upon filing the certificate of candidacy, Brillantes added.
Both lawyers also said there is no law barring Mrs. Arroyo from running for another post other than the presidency once her term ends.
"Wala pang sinasabing plano ang Pangulong Arroyo kung siya [ay] tatakbo o hindi. Kung tatakbo man siya, walang legal na balakid sa kanyang nasabing pagtakbo. Walang batas na nagbabawal sa kanyang tumakbo kung sakaling gusto niyang tumakbong muli, huwag lang sa pagkapangulo pero sa ibang position," Macalintal said. [See: Arroyo can run for congresswoman - DOJ chief]
(Mrs. Arroyo has not made public her political plans. If she decides to run, there is no legal obstacle to it, so long as she is not running for another term as president.)
Section 4 of Article VII of the 1987 Constitution says "The President shall not be eligible for any re-election." The provision has been the subject of many debates, with some legal experts arguing that it effectively bars the President from seeking any other elective post after his or her presidential term. - with a report from Johanna Camille Sisante, GMANews.TV
Source: http://www.gmanews.tv/story/176414/arroyo-can-run-in-2010-polls-without-resigning
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