Robredo lawyer: Bongbong abandons poll protest if he accepts Cabinet post

The lead counsel of Vice President Leni Robredo on Monday said former Sen. Ferdinand “Bongbong” Marcos Jr. could be considered to have abandoned his electoral protest should he accept an appointment in the Cabinet of President Rodrigo Duterte.

Robredo’s lawyer, Romulo Macalintal, said this may be why Marcos was “hesitating” with the possibility, because it would cause “legal complicity” in his case.

“Talagang qualified naman siya na tumanggap ng anumang posisyon. But he runs the risk na ma-dismiss ang kaniyang protesta sapagkat may basehan tayo na sabihin na kapag siya ay tumanggap ng ibang position, that constitutes an abandonment—tinatalikuran na niya ‘yung kaniyang protesta. Kasi paano niya maasikaso ‘yung kaniyang protesta kung meron siyang ibang posisyon?” Macalintal told Unang Balita on Tuesday.

Macalintal said this applies even if the position is appointive, and not elective.

“Lalo na kung appointment kasi incompatible position ‘yan. Magkaibang posisyon. Kung ‘yung elective position ay hindi puwede, mas lalo na ‘yung elective to appointive. At meron na tayong mga desisyon na pagbabasehan ng ating posisyon,” he said.

He did not cite any ruling, but admitted there seems to be no Supreme Court ruling that states such. Macalintal also said the matter is still “open for debate."

Following the May 2016 polls, Marcos has been rumored to take the helm of the Department of Interior and Local Government (DILG), after the one-year appointment ban on losing candidates.

The President has been denying this speculation, citing ongoing poll protest filed by the former senator, who he considers a friend.

Marcos’ name floated anew after Duterte fired former Interior Sec. Ismael “Mike” Sueno. The former senator, in turn, said it would be “an honor” to serve in the administration in whatever capacity.

He noted, however, that such offer has not been made nor discussed with the President. 

Marcos’ lawyer and spokesman Vic Rodriguez said the electoral protest will continue even if the former senator accepts any position in Duterte’s Cabinet.

“Tuloy po ‘yon sapagkat ang principle of abandonment ay hindi papasok kapag ang position ay appointive lamang. Papasok po ‘yung abandonment kapag ikaw ay nag-file ulit ng iyong candidacy for any elective position,” Rodriguez told News To Go.

He added that there is “no jurisprudence to support” Macalintal’s claim.

Rodriguez cited the case of Robredo’s 2016 running-mate, Liberal Party standard-bearer Mar Roxas, who filed a poll protest against former Vice President Jejomar Binay in 2010.

“‘Yung dating secretary ng DILG was appointed pero nagpatuloy ‘yung kaniyang electoral protest hanggang sa huling araw ng kanilang panunungkulan. Na-dismiss na lang dahil moot and academic na,” he said.

The Supreme Court, sitting as the Presidential Electoral Tribunal (PET), dismissed Roxas’ poll protest against Binay only in August 2016, after a change of leadership that followed the May polls.

Roxas, who lost to Binay by over 700,000 votes, sat in the Cabinet of his 2010 running-mate, former President Benigno Aquino III, first as secretary of the Department of Transportation and Communication (DOTC).

He was then appointed to head DILG in 2012, following the death of Jesse Robredo, Leni’s husband and a long-time mayor of Naga City. — Rose-An Jessica Dioquino/MDM, GMA News