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A senatorial candidate has asked the Supreme Court to disqualify President Gloria Macapagal Arroyo from seeking a legislative seat in her hometown Pampanga due to alleged campaign overspending.

In her petition, Akbayan representative and senatorial aspirant Risa Hontiveros accused Arroyo of spending millions of government funds on special projects concentrated only in the second district of Pampanga, even before she had expressed her intention to run for Congress.

Arroyo filed her certificate of candidacy last December 1.

“A local candidate is only allowed to spend P1.50 per voter, while GMA (Arroyo) spent P459 million in infrastructure projects in her district last year alone. A congressional candidate cannot have campaign posters bigger than two feet by three, but GMA can produce – using government funds – tarpaulins that are half as wide as Commonwealth Avenue,” the partylist lawmaker stated.

Hontiveros added that Arroyo's participation in the congressional race would deny her opponents equal opportunity for public service since she could use government funds to her favor.

“She has shown in 2004 that she is willing to use her position to influence an election official and to mobilize the military to protect her votes. If she can use the funds of the government in a spending spree for her district , then nothing prevents her from abusing her powers to ensure her victory.”

President Arroyo was accused of bribing high-ranking election official Virgilo Garcillano to ensure her a 1-million lead over close rival Fernando Poe Jr. in Mindanao during the 2004 presidential elections.The leaked tape of the conversation was later dubbed the “Hello Garci” controversy.

Hontiveros also asked the high court to issue a temporary restraining order (TRO) on the inclusion of Arroyo's name on the ballot's official list of congressional candidates.

A mere publicity stunt?

The Commission of Elections (Comelec) had earlier junked two separate disqualification cases against Arroyo filed by Hontiveros and lawyer Ely Pamatong due to “lack of merit.”

Both petitioners said Arroyo's congress bid is a violation of Article 4 Section 7 of the Constitution which provides that “[t]he president shall not be eligible for any re-election. No person who has succeeded as president and has served as such for more than four years shall be qualified for election to the same office at any time.”

In her defense, election lawyer Romulo Macalintal said that the president is not violating any law because she is running for a position other than the presidency.

Aside from Arroyo, the Comelec has also allowed deposed President Joseph Estrada, formerly convicted of plunder and pardoned, to run again for president.

Meanwhile, allies of the president dismissed Hontiveros' move as a mere publicity stunt “to improve her ratings.”

Presidential spokesperson Gary Olivar expressed confidence that the Comelec will sustain its earlier decision, which junked the first disqualification case filed by Hontiveros.

“Hindi naman iyan mapagbibigyan ng SC dahil wala namang paglabag sa Konstitusyon. Sayang lang ang panahon niya., panahon ng Comelec at ng SC. (The SC will not grant her request anyway, because there was no violation of the Constitution. She is just wasting her time, the SC's and the Comelec's time.) There are more meritorious cases that the SC or the Comelec should be focusing on. The Comelec and the SC should not be bothered with useless petitions,” seconded Macalintal.