THE Presidential Electoral Tribunal (PET) is anticipating the possibility of entertaining a legal question against defeated candidate for Vice President and now Department of Transportation and Communications (DOTC) Secretary Manuel Roxas 2nd on his election protest against Vice President Jejomar Binay.

The Supreme Court, sitting as the PET, is handling the protest that stemmed from the May 2010 elections.

During an interview, High Court spokesman and Court Administrator Jose Midas Marquez on Wednesday said that the court was ready to hear the issue that will be raised before them, particularly if the acceptance of Roxas of an appointive position would mean an abandonment of his election protest against Binay.

He said that until now, the issue of whether a defeated candidate in an election who lodges an election protest, but accepts an appointive position, would mean the withdrawal of his poll protest is still unresolved.

A Cabinet position could be viewed as a permanent appointment once confirmed by the Commission on Appointments, or a temporary position since a Cabinet secretary serves upon the pleasure of the President.

“The Supreme Court, sitting as Presidential Electoral Tribunal, is ready to hear these issues once it is elevated to the High Court,” Marquez pointed out.

Roxas was appointed by President Benigno Aquino 3rd on Tuesday as Transportation Secretary despite earlier announcements that he would serve as his chief of staff.

He lost to Binay in the May 2010 polls.

Roxas had withdrawn his own bid for the presidency to give way to Mr. Aquino’s shot at the Palace.