“The President shall not be eligible for any reelection.”
by Ducky Paredes
Former UP College of Law Dean Pacifico Agabin, Senate President Juan Ponce Enrile and bar topnotcher Aquilino “Koko” Pimentel III, a cum laude at the Ateneo Law School who holds a Masters in Law title from Harvard University and a lot of other lawyers say that former deposed President Joseph “Erap” Estrada can again stand or election for president in 2010.
They interpret Section 4, Article 7 of the constitution (quoted above) as applicable only to an incumbent president, or, for the 2010 election, only to President Gloria Arroyo. Agabin points out that an incumbent president is barred by the 1987 Constitution from re-election only as a safeguard against an incumbent using the resources of his or her office to perpetuate herself in power.
Pimentel says that the very use of the word “reelection” leaves no doubt that the prohibition applies only to an incumbent president and not to past Philippines presidents. (But, why the curious use of the word “any” to define reelection? Are there other reelections save that of a sitting President going for a second consecutive term?)
Enrile emphasizes that “the reality is that Erap is not the president anymore when he files his certificate of candidacy this November, if indeed Estrada is so inclined to do so.”
In his speech before the Manila Overseas Press Club last week, Estrada maintained his innocence despite his conviction for plunder. He said that the plunder accusation was merely used by Arroyo to legitimize her “power grab” in 2001.
Speaking on the loss of a person’s right to seek pubic office after conviction of certain criminal offenses, Pimentel explained that Estrada’s right to vote and to be voted upon had been fully restored by the executive amnesty that given him last year.
The young lawyer said that while the amnesty in its whereas clauses noted that Estrada had pledged not to seek public office anymore, it nonetheless did not make Estrada’s not running for office a precondition to the pardon.
Koko said that, in fact, the continuation of the constitutional provision on presidential 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.” – would hold as very valid any bid by Estrada to run for president anew in 2010.
This very clause was the basis of President Arroyo running in 2004, having served only for over three and a half years after wresting power from Estrada.
Estrada was President for an even shorter period than Arroyo — two and half years. Thus, interpreting that clause as applicable to all Philippine presidents and not just to the present incumbent would make Estrada’s running anew even more legally tenable.
Estrada who has been going around the country, already looks like a winner. While I consider SWS surveys as incredible and pretty useless, Erap is now on top of the surveys and moving up, overtaking two contenders who have spent billions for their non-campaigns. (It is illegal to campaign before one has filed his certificate of candidacy and the campaign period has begun. Thus, for legal purposes, the television advertisements we have been battered with are not as yet campaign advertising.)
In interviews, Estrada explained that a fractured opposition fielding several presidential bets would be an easy prey to an administration hell-bent on keeping power through its anointed bet if only to ensure non-prosecution for the many scandals of the outgoing administration.
He cited the opposition’s debacle in 2004 in which the late Fernando Poe Jr. was believed cheated of victory because many millions more of opposition votes that should have gone his way were taken by other opposition presidential bets, no matter if they were mere also-rans.
A unified opposition bet in 2004 would have trounced GMA big-time beyond the capability of any poll fraud machinery to overhaul. Thus, Erap says he will run only if and when the opposition cannot choose one candidate. Chances for this happening are pretty slim, however. going by prior Philippine presidential elections. Thus, it is almost ceratin that Erap will run.
Enrile attests to Erap’s popularity: “I have seen it in the field, in many areas in Mindanao, how the people warmly met him. And they were not ‘hakot’ crowds. I’ve been in politics for long to know whether people are sincere in their admiration for certain candidates. Bata man o matanda, lahat sila sumisigaw ng ‘Erap! Erap!’” said Enrile.
Reacting to the idea that an Erap presidency will be shut down by the Supreme Court should he run for president in 2010, Estrada quotes the words of a Supreme Court decision that included an opinion of Supreme Court Chief Justice Reynato Puno himself, “Given the indecisiveness of the votes of the members of this Court, the better policy approach is to let the people decide who will be the next President. For on political questions, this Court may err but the sovereign people will not. To be sure, the Constitution did not grant to the unelected members of this Court the right to elect in behalf of the people. ” (J. Puno, Tecson v. CA)
Estrada adds, ” I would still like to believe in the independence and objectivity of the Justices of the Supreme Court, who will be the final arbiter of this question.”
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The 4th Leg of the San Miguel Coffee Sugar Free Golf Series will tee-off from 7 to 9 a.m. on Thursday, August 20, 209 at the South Course of Valley Golf and Country Club, This is exclusive to members of the Federation of Philippine Amateur Senior Golfers, Inc. (FASGI).
Any member of an existing golf club 55 and over can join the FPASGI, which has just won the last Confederation of ASEAN Golfers’ Association’s 30th ASEAN Senior Golf Championship in Thailand. (The next one will be in Brunei in 2010.)
The tournament fee of P1,600 (P600 for Valley members) covers the green fee, lunch. Giveaways from San Miguel and raffle prizes, Caddy is for the player’s account. If you are a senior golfer and not yet a member of the FPASGI, do join the FPASGI. Who knows that you could win a medal for the country in Brunei in October 2010?
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hvp 08.17.09)
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