I am not
siding with anyone and I’m not saying that either Cayetano or Velasco is
correct. But as a lawyer for a long span of 46 long years to date, and spent
most of his whole life in the government as AFP JAGO, FISCAL/PROSECUTOR, and a
JUDGE, I am presenting the fundamental law applicable regarding the issue that
caused awful travesty in the House of Congress.
There are 2 issues that need to be resolved, namely: Whether or not the sharing agreement is legal and enforceable; and second, whether or not the election of Velasco as a speaker by the alleged 186 Congressmen done outside of the House of Congress is valid.
Anent Issue
number 1. The sharing agreement is null and void. Public Office is imbued with
a public interest. It can only be acquired by appointment, succession, and by
election. You don’t enter into an agreement on how an office is to be
partitioned like a term agreement. It is unconstitutional, it is illegal.
Therefore, sharing agreement is against the Constitution (Section 1, Article XI
of the Constitution).
Issue number 2. The supposed election of Velasco as Speaker outside of the House of Congress is likewise illegal, and therefore, null and void. The Constitution requires that the election of the Speaker must be done in the House of Congress in a session, regular or special. Moreover, it must be under the rules and regulations sanctioned by it. (Article 6. Section 16, Constitution.)
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