by InterAksyon.com - Should he stay or should he go now? A legal quandary has emerged following Juan Miguel "Migz" Zubiri's resignation as senator, the first case in the history of the Philippine Senate, according to 87-year-old Juan Ponce Enrile, the upper chamber's president.
Commission on Elections (Comelec) chairman Sixto Brillantes Jr. on Wednesday said that Zubiri's move had created a "legal issue" because of the uncertainty on who should accept the senator's resignation.
"Resigning needs acceptance, but the question is who is supposed to accept the resignation of Senator Zubiri? The statement of the Senate president says that he going to study...So I'm assuming that the the Senate president will hold the Senate as a body that will act on the resignation," said the Comelec chief in an interview with a television station.
After Zubiri's announcement on Wednesday, Enrile told the senator that, "I will study your resignation and make a decision in due time."
“I will consult the members of this chamber about this. We are not going to do this rushly for today, we are witnessing the happening of the historical event for this is the first time within the reach of my memory of my 87 years in this planet. This is the first time that a man, a member of this chamber chose honor ahead of himself,” added Enrile.
According to Brillantes, a legal issue could be raised on whether Zubri's resignation still needs the acceptance of the Senate or if the resignation becomes immediately effective after Zubiri's announcement. But as far as Zubiri is concerned, his resignation "is irrevocable."
"There will still be a legal issue on the case because hindi naman talaga natin alam kung kailangan pa ng acceptance [we don't know if acceptance is still needed]," Brillantes said.
"Pipilitin mo bang umupo kung ayaw na? Kung ayaw naman i-accept [Would you force him to stay if he no longer wants? If they don't want to accept the resignation], they have to explain why are you not accepting it. If he doesn't want to serve anymore, why would you force him to serve?" added Brillantes.
Because the case involves a public office and is an issue of public interest, "anybody can raise the issue" before the court, according to the Comelec chief.
