Supreme Court dismisses Case versus the President on electionnering issue.
I'm taking a break from a successive string of loaded working weeks to note that the case filed by senatoriables Boots Anson Roa and Amina Rasul against the incumbent President was dismissed recently by the Supreme Court. See Inquirer report here. I've been really annoyed with the propaganda that followed the filing of that case, especially the song and dance routine that Boots Anson Roa did over several TV channels on the alleged misuse of public funds ek ek chu chu. So they went to the Supreme Court to ask the Court to tell the President to resign or take a leave of absence to prevent her from using her position to campaign for her re-election. I don't really mind the comments that the sudden vibrance of public programs sponsored by the President like the Kalsada ni Gloria is just a ploy for the President to have her name and image plastered all over the Philippines -- They might even be right. But to go the Supreme Court for this? My goodness -- the first and last thing one learns from Constutional Law is that the President is immune from suit. You can shoot her, but you can't sue her.
Ask the Supreme Court to tell the President to resign or take a leave of absence on a Mandamus remedy? Susmaryosep -- Mandamus can only be done if the action required from the public officer is ministerial. That means the action should not involve discretion -- an act that she doesn't have to think about, like a clerk filing a piece of paper. Since when has resignation and taking a leave of absence been ministerial and non-discretionary?
Besides, one of the very few things I learned from my Election Law class with Justice Maambong is that in general, when a public officer files a certificate of candidacy, he is considered resigned, EXCEPT when he is running for President or Vice-President.
Good politics. Bad lawyering. This is one of the reasons why justice is delayed in this country. I have several cases that have been pending with the Supreme Court for years. But because idiots like the lawyers of Boots Anson Roa and Amina Rasul keep on clogging the dockets with baseless cases like this one, I have no choice but to wait until the Supreme Court finds the time to attend to my cases while it bothers itself with nuisance suits.