Solicitor General Jose Calida and Justice Secretary Vitaliano Aguirre II are unanimous in their legal scrutiny that Bongbong Marcos can be a Cabinet member while he pursues his case before the Presidential Electoral Tribunal or PET against Leni Robredo. Marcos need not give up the election protest against the incumbent Vice President if he accepts a Cabinet post in the Du30 administration. This is verified as well by government lawyers.
Youtube video from; Rappler
[VIDEO]: ‘If the President asks you to serve in whatever capacity, you can’t say no,’ says former senator Bongbong Marcos, who will be eligible for a government post after the one-year appointment ban on losing candidates lapses next month.
Bongbong Marcos will not abandon his protest against Robredo when he is appointed to a Cabinet position after the one-year ban,” Calida said. He cited the Moraleja vs Relova case, which held “that acceptance of an appointment cannot be considered as inconsistent with a protestant’s determination to protect and pursue the public interest involved in the matter of who is the real choice of the electorate.”
Can Serve in the Cabinet
Aguirre says that Marcos may serve in the Du30 Cabinet while he awaits the resolution of PET on his protest. It cannot be mooted by the appointment because mootness only applies when the protestant assumes another elective post that is tantamount to abandonment of the protest,” he clarified.
Senator Loren Legarda case against former vice president Noli de Castro in the 2004 elections becomes void because Legarda wins as a senator in the 2007 polls. The electoral protest of Mar Roxas against former vice president Jejomar Binay proceeds despite Roxas’ other job as DILG Secretary. This is likely the case of Marcos at the present time.
Macalintal is Wrong
Romulo Macalintal, lawyer of Robredo argues that if Marcos accepts a Cabinet post, it should be considered as an abandonment of the protest as it is allegedly tantamount to conceding defeat. Most lawyers think otherwise including DOJ Secretary Aguirre and Solicitor General Calida.