Let’s start this discussion with a brief backgrounder on the three branches of government. The Judiciary is headed by the Chief Justice. The Legislature is divided into the Senate (President of the Senate) and the House of Representatives (Speaker of the House). The executive department is headed by the President.
It’s not unusual for members of the Legislative Branch to cross over to the other branches of government. Chief Justice Hilario Davide was formerly an Assemblyman representing Cebu. President Estrada, among others, used to be a Senator. It’s also not unusual for members of the Judiciary to subsequently serve in the other branches of government. The late Marcelo B. Fernan became a Senator after his service as Chief Justice of the Supreme Court.
But it’s unusual for a President to become a member of Congress. No President, as far as I know, sought to be elected as a Senator. Certainly no President sought a position in the House of Representatives.
There are talks that Pres. Gloria Macapagal-Arroyo, after the end of her Presidency in 2010, would run for Congress also in 2010 — as a Representative of Pampanga. A former President serving as a congresswoman. There’s no legal prohibition, though I believe that it’s not proper. As to why, I can’t put my finger on it. Maybe you have an idea.
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- Choosing the next Chief Justice: Breaking away from Tradition
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by warrior
01 Dec 2009 at 11:05
It is true that there is no legal prohibition for Mrs. Arroyo to ran for a seat Congress. However, the voter should not forget that he has the power to remove people from office. Voters should cast their vote and, if possible, to reject all administration candidates, particularly those who are known allies of the present dispensation, to prevent the absurd from ever happening.
Related to this absurdity is the candidacy of Belmonte’s daughter as Quezon City vice mayor. It is about time that voters in Quezon City realize that a vote for Joy Belmonte and Herbert Bautista as mayor is actually a vote for the continuity of the restrictive policy of outgoing mayor Sonny Belmonte. Quezon City residents are the most taxed people and yet they do not receive any benefit from Sonny Belmonte’s one man rule.
Numerous absurdities happen during elections in Pinas. We know that the bad consequences of our votes seem to happen right after election time. The voter should use his power to protect himself from the consequences of those absurdities.
by Marvin
01 Dec 2009 at 11:26
If she really has good intentions in running for 2010, then she should read this letter http://filipinosforget.blogspot.com/2009/11/appeal-for-mrs-arroyo-and-mr-estrada.html
by Pussycat
01 Dec 2009 at 13:23
Hi Atty. Fred and to all!
Definitely a No No as to the question on whether she should run for a seat in Congress. If Pres. GMA is really sincere in wanting to serve the people, there are a thousand and one ways, aside from being a Congresswoman in her district in Pampanga, where she could provide invaluable contribution in solving the various problems confronting the nation. She should take the cue from the examples of (the late) Pres. Cory Aquino as well as former Pres. Fidel Ramos who became plain citizen Cory and citizen Fidel after their presidencies. These two respectable leaders chose to find their place in the sidelines and made use of their political experience and savvy in playing their newly found roles as senior advisers to the nation’s political leaders after their respective terms. And yes, Pres. GMA, there is life after the presidency.
Pres. GMA in running for a congressional seat after her term as President only betrays her thirst for power and utter disrespect of our democratic institutions and possibly, a subterfuge to insulate herself from a barrage of lawsuits after her immunity from suit as President ends on June 30, 2010. While the 1987 Constitution does not explicitly prohibit an outgoing President from seeking a Senate or Congressional seat, delicadeza or decency should have dissuaded her from doing so. This is clearly what is called as taking undue advantage of the letter of the law.
by banjo
02 Dec 2009 at 12:31
ayaw nyang mag senador kasi alam nya matatalo lang sya!?
by Ojo
02 Dec 2009 at 21:11
I personally don’t see anything wrong here. But if cheating takes place and Gloria wins, I will definitely get angry. But right now, there’s no legal prohibition and no one has pinpointed anything wrong about what she’s doing. For pete’s sake, just let her run for congress. this is a free country and there’s no prohibition anyway.
by Sha2x
06 Dec 2009 at 22:25
Hi Atty Fred…
I applaud GMA’s political advisers for a well thought-out political career, (Erap’s ouster from Malacanan after a 2 1/2 year term, the appointment of justices in the Judiciary, a straight out win of the Administration in Maguindanao during her re-election, De Venecia’s removal) just to name a few and now her Congressional candidacy. This is a very well thought-out plan indeed.
There is no legal prohibition on her candidacy for a congressional seat but the SC where the majority of them are her appointees can easily overturn every jurisprudence on her favor, no sweat.
It’s amazing that she is sleeping well at night, no nightmares to haunt her after all these controversy during her term.
By the way Atty Fred, it’s nice to be back! FYI, I did not take the bar this year. I got a job in the government instead and I might take it next year or a year after next.
sha
by sara jane
08 Dec 2009 at 14:31
Hello po Atty Fred…
I definitely feel ashamed for Pres. Arroyo STILL wanting to run for Congress. To come and think of it, yeah… i never heard of a president running for a lower position after her term. This goes to show how strong her hunger and thirst for power is. She may hide behind the notion that all she ever wants is to serve the country, our people, but let’s not keep on pretending and tolerate all these nonsense. I bet there is a hidden agenda behind all these. She’s done it many times before. I’m sorry for being so judgmental but the whole Philippines can attest to this. We’ve seen and felt how she handled the country during her term. Could we swallow more of it?? If you can, then i can’t. If she’s truly truly sincere in serving our people, she could do it in some other way and use her political experience to help other future leaders and allow others to take their turn. Let’s say this is a free country, and we still allow her to run because it is not unconstitutional… fine. But if ever she wins (and i’m pretty sure she has a lot of tactics to twist events according to her favor), let’s pray she wouldn’t do something we’ll all rage for. Because there’s no stopping this woman.
by domingo arong
09 Dec 2009 at 13:39
There are many other similar “legal” circumstances that I also regard as not “proper.” For instance, there are now two Cayetanos in a Senate of only 24 members. There were 2 Estradas and 2 Osmenas before. Not to mention the dynasties in the House of Representatives and the local government units sprawled all over the land.
The Constitution should be amended to afford all qualified citizens the opportunity to serve by providing in effect that–
01. No person shall be eligible for election to any elective office, national or local including barangay, more than once.
02. The ineligibility imposed upon an elective officer-holder shall apply to the spouse and children.
In short, a family (parents and children) is allowed to serve elective office only once. But note that the prohibition in this case is not intended to be perpetual, since the grandchildren would be permitted to begin another one-term cycle.
by chuyins
08 Jan 2010 at 19:49
this is a good-intentioned law, yet the question would be, who would be that politician-official that would stand firm to propose such. we have a lot of political dynasties in the local and national governance and you already mentioned a few…
God bless the Philippines and it’s people!
by graze36
16 Dec 2009 at 05:55
a big NO NO for that.she was just lookin for a way to evit those cased that are already filed up against her. she’s such a coward,and a sucker for power.
by Jarvis
26 Dec 2009 at 01:05
Since there is not legal impediment for the president to run for the HR, let her. It is her right just as it is everybody else’s (who are qualified, of course).
People may see it as an attempt on her part to retain power and it may be the case but as distasteful as it may seem, one cannot just prevent her from exercising her political rights nor judge her for doing so.
Let her run if she wants to. Filing one’s certificate of candidacy is one thing. Winning the elections is another.
by Jade
11 Jan 2010 at 09:18
This little woman with gargantuan ambitions is hazardous to the Philippines. Not only did she maneuver “business” with the Chinese to line her pockets with moolah, she screwed the whole country by selling rights which are not hers to sell. After her term, no decent Filipino should even acknowledge this woman. She is worst than any Philippine president (including Marcos who let his wife run amok with people’s monies). She should be barred to run for any office period.
by jade.D
13 Jan 2010 at 10:32
let her run , she is strong. she stand out after all the challenges she went through.
God Bless Philippines ,!
by Clarrisse
13 Jan 2010 at 10:33
Gloriiiiiiiiaaaaaaaaaa !!!!
Your out of your mind ! haha
Stop that!
by isagani jose
15 Feb 2010 at 10:41
With the scoundrels and sinisters in the government, such evil practices will continue. Imagine a president, running for congresswoman and perhaps running for mayor afterwards! The filipino people is no longer surprise! WHAT DO YOU EXPECT FROM HOGS BUT GRUNTS?! And this include those people who dance attendance with Gloria Arroyo!
by JOURNEY MAN
22 Feb 2010 at 16:22
There is no doubt that an incumbent President can definitely run for Senate or Congress seat as there is no legal prohibition in our constitution….and as people say that we are “FREE COUNTRY”.
But looking on real scenario and big picture…the question is why? What is the agenda behind?
We are “FREE COUNTRY” as we got our freedom and democracy…but still colonized by “GREEDY & AMBITIOUS POLITICIAN” who only thinks of them selves. They are fighting to seek “POWER” not to serve the people.
Our country is drowning and sinking due to traditional politics and hungry people. The Filipino People is not only worth dying rather crying for “REAL FREEDOM AND DEMOCRACY”.
GIVE OUR COUNTRY A CHANCE AND PEACE….STOP POLITICAL DYNASTY….HAVE CONSCINCE!