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Ex-Justice Carpio: Alan Cayetano's snap elections proposal 'pointless to discuss'


Antonio Carpio Alan Peter Cayetano snap elections

The proposal of Senator Alan Peter Cayetano for snap elections is not feasible, as it would be unconstitutional to prevent anyone from running for public office, retired Senior Associate Justice Antonio Carpio told GMA News Online.

“With that, it’s pointless to discuss his proposal because it’s not feasible constitutionally,” Carpio said.

“Sabi niya they will not be allowed to run. How can you prevent them from running? You’ll pass a law? That law will be unconstitutional,” he added.

(He said that [incumbent officials] will not be allowed to run. How can you prevent them from running? You’ll pass a law? That law will be unconstitutional.)

Cayetano earlier floated the idea that the President, Vice President, and members of Congress should resign to give way to snap elections, with no incumbents allowed to run for one election cycle.

He said this is due to a loss of trust in the government and government officials amid the probe on anomalous flood control projects. 

Carpio, however, stressed that there is no legal basis to prevent incumbent officials from running.

“It cannot be blanket. You can be disqualified from running if you violated a law under the Omnibus Election Code. So it will be unconstitutional to prevent anyone from running for public office if there’s no disqualification,” Carpio said. 

He later said that such a ban would prevent individuals from exercising the right to vote and to be voted for.

“Hindi naman lahat may kasalanan. And before you can be prohibited, there must be a decision of a court. You must be disqualified. Wala pa naman eh,” he said. 

(Not everyone is guilty. And before you can be prohibited, there must be a decision of a court. You must be disqualified. There’s no such thing yet.)

Meanwhile, in an interview on Super Radyo dzBB, Dr. Jean Encinas-Franco, a professor from the  University of the Philippines (UP) Department of Political Science, said Cayetano’s remark was “dangerous” as it “invites political instability.”

“Maaring naririnig po yan na mga biro sa ordinaryong tao pero hindi ‘yan pwedeng gawing statement ng isang senador kasi ano yan eh— nag i-invite ‘yan ng political instability,” she said.

(Maybe the ordinary citizens hear it as a joke but this should not be made by a senator— because that is inviting political instability.)

She said that his remark makes it appear as if the Senate can no longer do anything.

Encinas-Franco also said that a law is needed.

“Sabi nga ni Chairman Garcia, kailangan ng batas. So ano gagawin habang walang batas? So nag i-invite siya ng instability. At saka, alam ko walang provision ang Constitution kapag nag resign ‘yung Congress,” she said.

(As Chairman Garcia said, there must be a law. So what is there to do if there's no law? It invites instability. There is no provision in the constitution if the members of Congress resigns.) 

Aside from this, the professor called for the Independent Commission (ICI) for Infrastructure to make its closed-door hearings public.

President Ferdinand “Bongbong” Marcos Jr. earlier bared that 20% of the total P545-billion budget for such projects went to only 15 contractors, which he described as a “disturbing assessment.” –NB, GMA Integrated News