It would be premature to file a complaint against President Duterte's potential vice presidential bid in 2022 since he has not made a final decision on the matter yet, Malacañang insisted on Friday.
Presidential spokesman Harry Roque made the statement after some groups questioned the President's attempt to prolong his stay in power through the vice presidency.
The President earlier said he was "seriously thinking" of running for vice president, admitting he was touched by the support for such poll bid. Duterte, prohibited from seeking a second term under the Constitution, however expressed concern that he might be an inutile vice president if the country's next leader won't be an ally.
"On some groups challenging the legality of President Duterte’s Vice-Presidential bid to the Supreme Court, they may rightfully do so as long as they have the legal standing," Roque said in a statement Friday, July 9.
"However, it is is still premature considering the President has not made up his mind and filed his certificate of candidacy," he said.
Nonetheless, Roque asserted that the Constitution does not prohibit Duterte from seeking the vice presidency.
"There is no legal impediment for President Rodrigo Roa Duterte to seek the Vice-Presidency, contrary to the claims of certain quarters," he said.
Roque said while Section 4, Article VII of the Constitution stated the President shall not be eligible for any re-election, Duterte was "not running for the same office and same position."
"A careful reading of the Constitution would reveal that there is no expressed prohibition for the sitting President to run for a lower public office position," he said.
"Under the plain meaning rule or verba legis, if the statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without interpretation," he added.
READ: Duterte’s VP run goes against the spirit of Constitution—Drilon
Senate Minority Franklin Drilon earlier said Duterte's potential vice presidential bid would contravene the spirit of the Constitution and could present an eventual problem of succession of the presidency. He said Filipinos should not allow a "clear circumvention of the spirit of the Constitution." "We should oppose any attempt to circumvent our Constitution,” the former justice secretary said.