Roque gave up House seat when he became Palace spokesperson, says Kabayan solon

Harry Roque essentially gave up his seat as Kabayan party-list representative when he accepted the job of presidential spokesperson, fellow party-list Representative Ron Salo said on Sunday.

"By accepting and performing the duties and functions of Presidential Spokesperson, Harry Roque has forfeited his seat in the House of Representatives," Salo said in a statement.

In proving his point, Salo cited Section 13 of the 1987 Constitution which states that no senator or member of the House of Representatives may hold any other position or employment in the government or any of its subdivisions, agencies or instrumentality during his or her term without forfeiting his seat.

In case of vacancy of position in both houses, Section 9 provides that a special election may be held to fill it. The winning senator or House member, however, may only serve for the unexpired term.

Salo also cited Section 16 of the Party-list Law, which provides that in case of vacancy in the seats for party-list representatives, it should automatically be filled by the next representative form the list of its nominees.

"It is now the mere ministerial duty of the leadership of the House to, by operation of law, let Atty. Ciriaco Calalang serve the unexpired term as Third Nominee of the Kabayan Partylist in the 2016 elections," he said.

"[Calalang must] assume the now vacant seat of Roque, which the Presidential Spokesperson acquired when he was still with the Kabayan party-list," he added.

President Rodrigo Duterte announced Roque as his new spokesperson on October 28.

Roque will officially begin his appointment on Monday. — Erwin Colcol/BM, GMA News