President Gloria Macapagal-Arroyo smiles as she waves a hand at reporters during her visit to the underground river in Puerto Princesa.

Despite the perceived undue advantage she has over her rivals in Pampanga’s second district, President Arroyo need not resign from her post as she pursues a congressional seat in the May 10, 2010 elections.

The Supreme Court clarified Tuesday that elective officials are not covered by its latest decision declaring appointive government officials running in the May 10 polls as deemed resigned upon filing their certificates of candidacy (CoCs).

“The President is not covered because she is an elective official. The decision concerns only appointive officials,” SC spokesman Jose Midas Marquez told a press conference.

As this developed, President Arroyo has started to consider names to fill the looming vacancies in her Cabinet, including Transportation Secretary Leandro Mendoza as possibly her next Executive Secretary.

Even before the Supreme Court ruled that appointed government officials seeking elective posts were considered resigned, Press Secretary Crispulo Icban Jr. said the President has prepared a shortlist of Cabinet replacements to prevent any leadership vacuum.

Icban, speaking to reporters covering the President’s Central Philippines tour, said the replacements of cabinet members with political ambitions may be sourced from the government, including “underlings,” to ensure “continuity” of the President’s programs.

He admitted that Mendoza’s name was floated as possible replacement of Executive Secretary Eduardo Ermita who is running for congressman in Batangas.

Mrs. Arroyo's election lawyer Romulo Macalintal, however, raised a howl over the latest High Court ruling, which is a reversal of its December 1, 2009 decision allowing appointed government officials seeking election to remain in office even after filing their CoCs and even during the campaign period.

The two rulings stemmed from a petition filed by Macalintal on behalf of his clients who are both appointive officials seeking elective posts in May.

Macalintal said they will avail of their right to file a motion for reconsideration within 15 days from the promulgation of the resolution.

“Delicadeza is not an issue here but equal protection of law for elective and appointive officials who are both civil service officials. Bakit appointive lang ang paghihinalaang gagamit ng pondo o oras ng trabaho? Macalintal asked in a text message to reporters. (“Why only accuse appointive officials of using government funds and official time?”)

“Sa ngayon sino ba ang gumagamit ng oras at pondo ng pamahalaan sa kampanya? Di ba mga elective officials na tulad ng mga senador na tumatakbong president or vice president who are campaigning now that Senate could not even get quorum?” he added, apparently referring to Liberal Party (LP) candidates Senators Benigno “Noynoy” Aquino III and Manuel “Mar” Roxas. (At this time, who are those using official time and government funds in the campaign? It is the elective officials like senators who are running for president or vice president?”)

Macalintal issued the statement despite the fact that his other client, Mrs. Arroyo, is also running for another elective post.

In fact, there is a petition pending before the High Court seeking to disqualify Mrs. Arroyo from running for Congress.

The petition, filed by LP senatorial candidate and Akbayan Rep. Risa Hontiveros, claimed that allowing the President to run in Pampanga’s second district would deprive her opponents of an equal opportunity to win as she can use the entire resources and machinery of the government to influence the outcome of the May 10 polls in her favor.

She noted that a local candidate is only allowed to spend P1.50 per voter while Mrs. Arroyo, in her capacity as President, spent P459 million in infrastructure projects in her district in 2009 alone.

Former Presidents Fidel Ramos and Joseph Estrada had also called on Mrs. Arroyo to resign to level the playing field in the congressional race in her district.

Macalintal noted that the latest SC ruling “seems to regard appointive officials as dishonest because they could use office and only the elective are honest.”

“We are all witnesses now to the fact that these elective officials had started campaigning even before the start of campaign period using their official time and government salaries and allowances,” Macalintal said.

“There should be equality in law that elective officials are not considered as candidate upon filing of CoC but only at start of campaign period. The same should be applied to appointive officials,” he added.

In its decision, the SC declared as constitutional Section 4(a) of Commission on Elections (Comelec) Resolution 8678, which deemed appointive officials automatically resigned once they filed their CoCs.

The Comelec resolution found its basis from Section 66 of the Omnibus Election Code and Section 13 of Republic Act 9369 or the Poll Automation Law.

In ruling against the Macalintal petition, the High Court cited the danger of systematic abuse perpetuated by a “powerful political machine” that has amassed “the scattered powers of government workers” so as to give itself and its incumbent workers an “unbreakable grasp on the reins of power.”

“In the case at bar, the probable harm to society in permitting incumbent appointive officials to remain in office, even as they actively pursue elective posts, far outweighs the less likely evil of having arguably protected candidacies blocked by the possible inhibitory effect of a potentially overly broad stature,” the court said.

At the Comelec, Law Department head Atty. Ferdinand Rafanan said the decision of the Supreme Court is a welcome move.

Rafanan said he is happy that the SC reversed its previous ruling and their motion for reconsideration was given weight.

“I’m happy for the Law Department and for myself… This decision of the SC is right. It is in accordance with the provisions of the Constitution,” he said.

At the Nacionalista Party front, NP standard-bearer Sen. Manuel Villar Jr. urged Malacañang to abide by the Supreme Court ruling and immediately release its Cabinet members who are running for an elective position in the coming elections but are still holding on to their current executive posts.

Villar called on the Arroyo administration to treat the decision of the High Court as immediately executory.

“President Arroyo should not wait a minute longer in signing the release papers of the members of her Cabinet who are running for elective posts. The High Court has already spoken,” Villar said in an official statement.

“I also warn the Arroyo administration from seeking a reconsideration of the decision, as it would only lead to objectionable results,” he further said. (With reports from Leslie Ann G. Aquino and Hannah L. Torregoza)