Transcript of interview with Senator Santiago

On President Arroyo running for representative of Pampanga's 2nd district in the 2010 elections

Let me limit myself only to the legal question because all the rest is a question of opinion. Is she qualified to run for congressman? Answer: Yes, because the constitution says the president shall not be eligible for any reelection. The second volume of the Records of the Constitutional Commission clearly show during the discussion of two delegates that it is meant only to prevent the incumbent president from running again for president, but it does not prevent the president from running for any other office. She can run for barangay chair or barangay councilwoman.

It is very categorical in the Record of the Constitutional Commission, volume II, page 432:

MR. REGALADO: Would it not be possible that perhaps a former President may wish to share his talents and experience with the people by running for a lower position like that of a Senator?

MR. DAVIDE: He can. He is only banned from reelection, meaning to the same office. So the wording is very clear: "THE PRESIDENT shall be INELIGIBLE FOR ANY reelection."

Although the Record of the Constitutional Commission is not binding, they are authoritative. So the Record of the Constitutional Commission is beyond any doubt in interpreting this present constitutional provision as meaning the president can run for any other position except for president. And besides, this is also the provision now of our statutes. That was the original provision in the Election Code, Section 80, which was later repealed but was changed in the Fair Election Act where the provision now reads "any elective position may run for public office without resigning his incumbent office." So that's a clear-cut answer there.

Whether she should or should not is a question for each person to determine within his own intellectual limitations. But let me just recall that in American political history--which we are likely to imitate or cite anyway--at least two American presidents, eventually after holding office as president, successfully ran for senator and served as such. We will have to say that this is unconventional for a Philippine president.

Is this move a means for her political survival?

Yes, that maybe so. But she does not gain any immunity from criminal or civil suits for her presidency. She can still be sued even if she is a congresswoman. She only has parliamentary immunity in the sense that she can deliver privilege speeches, attack anybody, and not be sued for what she has done within the confines of the House of Representatives.

All presidents have used the resources of their administration to try at least to make sure that their ally or their anointed person will win the elections after them. They did not always succeed. So it is just a question of she might use the resources of the administration. The answer is historically it has been used by all her predecessors as president.