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Snap elections unconstitutional, says Palace

By Michael Lim Ubac
Philippine Daily Inquirer
First Posted 06:07:00 06/04/2008

Filed Under: Elections, Politics, Legislation, Laws, Constitution, Congress

MANILA, Philippines -- The House bill proposing presidential snap elections in times of crisis is ?unconstitutional,? Malacañang said Tuesday.

The committee on suffrage headed by Makati Rep. Teodoro Locsin passed on Monday House Bill No. 3859 calling for the holding of snap elections to head off any unrest that may result from the food and fuel crises.

This would be a less politically traumatic way of changing a President than resorting to ?people power,? advocates of the measure had said.

Under the measure, a President shall still be elected to a six-year term. But in the case of the incumbent President, Locsin had explained, ?her term will end upon the calling of a snap election, in which she will be qualified to run for the balance of her term.?

Following committee approval, the bill will be referred to the committee on rules, which will schedule it for plenary deliberations.

Power in Constitution

But in an interview at Malacañang on Tuesday, Chief Presidential Legal Counsel Sergio Apostol said that by itself Congress did not have the power to cut short a sitting President?s term.

?The Constitution is very clear that the term of a President is fixed, so you cannot shorten it unless you amend the Constitution,? he said.

Deputy Presidential Spokesperson Anthony Golez seconded Apostol, pointing out the Constitution lacked a provision authorizing snap elections.

?Many are saying this proposal will not prosper. But let us leave the matter to Congress. We believe it will not prosper because it?s not within constitutional bounds,? he said.

Press Secretary Ignacio Bunye reiterated President Gloria Macapagal-Arroyo would finish her term.

?What the President has consistently said is that she will finish her term in 2010 and she will try to attend to the problems [of the country] and try to execute the programs that will move this nation forward,? Bunye said.

Makes no sense

For Justice Secretary Raul Gonzalez the bill makes no sense.

?It?s so illogical. I don?t think a snap election, assuming it will result in a change in leadership, can solve the problem. I don?t think that is a solution,? he said at a press briefing.

The bill was initially filed in February by Nueva Ecija Rep. Eduardo Nonato Joson who had said a snap election would prevent ?opportunists and anarchists? from bringing the country to ?tragedy and perfidy.?

It was in response to street protests at the time calling for President Arroyo?s resignation over the scuttled $329-million National Broadband Network deal.

On Monday, Locsin said, ?I think that since we have never experienced handling social unrest arising from hunger on a massive scale, and given the present conditions, let?s have this in our arsenal, so that nobody goes out and says, ?Let?s go to the streets.? We?ll immediately say: ?No, you go to Comelec.??

?I just want it hanging there, I don?t think it will be approved unless a crisis arises,? he had added.

Very slim chance

But Gonzalez said Filipinos were mature enough to know the high prices of food and fuel were not the President?s fault.

He said the bill had only ?a very slim chance? of being enacted into law.

?For the bill to become law is almost second to impossible. Will the President sign that law? I don?t think she will,? he said.

Gonzalez said snap elections could only be conducted if the Constitution were amended to remove the provision on automatic succession to the presidency. With Jerome Aning and TJ Burgonio



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