Constitution allows GMA to run, allies say

President Arroyo is allowed by the Constitution to seek a full six-year term and cannot be forced to resign since she will be completing less than four years of the remaining term of ousted President Joseph Estrada, three pro-administration congressmen said yesterday.

Representatives Prospero Pichay Jr. of Surigao del Sur, Mauricio Domogan of Baguio City, and Oscar Rodriguez of Pampanga said there is no legal or constitutional basis for the case filed by opposition senatorial candidates Boots Anson-Roa and Amina Rasul-Bernardo before the Supreme Court seeking the resignation or leave of absence of Mrs. Arroyo.

"Article 7, Section 4 of the Constitution disallows the reelection of a presidential successor only if he or she has served for more than four years," they said in a statement.

"Clearly, the case filed by Koalisyon ng Nagkakaisang Pilipino (KNP) senatorial bets Amina Rasul-Bernardo and Boots Anson-Roa was a form of political harassment and a cheap publicity feat to boost their hopeless candidacies as both are survey trailers."

Meanwhile, Anson-Roa dared Mrs. Arroyo yesterday to show her statesmanship by resigning within the final half of the election campaign in favor of a non-partisan government caretaker. "The President can avoid being the source of national embarrassment in case the high court rules in favor, by voluntarily taking a leave of absence and by appointing as her replacement a non-partisan and legal successor," she said in a statement.

Anson-Roa said the case she and Rasul-Bernardo have filed before the Supreme Court is anchored on legal and moral questions. "We are totally convinced the Supreme Court will act on our petition, which has raised valid constitutional questions that are vital in guaranteeing clean and honest elections," she said

Anson-Roa said they have also sought a Supreme Court resolution asking Vice President Teofisto Guingona to assume the office of the presidency.

Pichay, chairman of the House committee on national defense, said Anson-Roa and Rasul-Bernardo must first review the Constitution to determine if there is basis for their call for Mrs. Arroyo to resign or take a leave of absence.

"Article 7, Section 4 of the Constitution explicitly provides: No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time," Pichay said.

"The President has been in office for only three years. Clearly, she is qualified to run and she cannot be compelled to resign or take a leave of absence while seeking a fresh mandate. The arguments raised by the petitioners are flawed and baseless," he said. — With Paolo Romero, Roel Pareño