Candidates Ma. Elisa "Boots" Anson-Roa and Amina Rasul-Bernardo also requested the high tribunal to order Executive Secretary Alberto Romulo to "cease and desist" from authorizing National Treasurer Mina Figueroa to pay Mrs. Arroyo her salaries, allowances and other official emoluments.
In their 23-page motion, the petitioners said the Supreme Court "erred" in ruling last March 30 that Mrs. Arroyo was not covered by the constitutional ban on re-election since she assumed less than four years of the remaining six-year term of ousted President Joseph Estrada.
"(Mrs. Arroyo) must be deemed to have succeeded not only to the presidency and the concomitant powers and duties of that office but more so, and most importantly, to the limitations, the boundaries, set upon that office by the Constitution, particularly, the injunction against the use of her vast powers, of government funds and resources, to assure her election," read the motion.
Anson-Roa and Rasul said the high tribunal’s decision contradicts the Constitution and "can do violence" to the intention of the framers.
"Worse, this Honorable Court may be perceived as being party to, or abetting the plunder of the nation’s resources by President Arroyo, immoral and unconstitutional disbursement of public funds and use of government resources to get the current president’s term extended in an election," read the motion.
Anson-Roa and Rasul said the Supreme Court should have taken judicial notice of the fact that public funds have paid for the various political advertisements of Mrs. Arroyo.
"It has taken an activist role in the past in ensuring that the rule of law should prevail and public interest upheld," read the motion.
"The present situation calls for the same brand of activism and courage in order to protect the national interest and for this Honorable Court to do its share to correct the flawed electoral system which the nation has been accustomed to."
Anson-Roa and Rasul said an incumbent president must not be allowed to run for election while managing the government at the same time.
In their petition, the two said the Supreme Court should declare Mrs. Arroyo as resigned or on official leave.
"It is only by doing so that the evil designs of those who seek to make a mockery of the fast approaching May elections may be thwarted," read the petition.
Anson-Roa and Rasul said the high tribunal must rule that an incumbent president cannot use public funds to pay for his election campaign.
The Supreme Court should not be powerless to prevent misuse and abuse of scarce government funds and resources, the two senatorial candidates added.
In denying the petition of Anson-Roa and Rasul, the high tribunal said it has no jurisdiction over the petition because it sought the removal of Mrs. Arroyo and her replacement by Vice President Teofisto Guingona Jr.
"These allegations if proven to be true would constitute violations of the law," read the ruling.
"This Court, however, is not the proper forum in which to pursue such charges. It is the Commission on Elections that has the primary jurisdiction over alleged violations of election laws."
There was no basis under the Constitution or the law to compel Mrs. Arroyo to resign or to go on leave, the ruling added.