Common sense dictates me to believe that Joseph Estrada is qualified for 2010 Presidential Election. The much quoted provision “The President shall not be eligible for any re-election. (Sec.4, Art VII)” should not be considered as legal obstacle for his candidacy. If the purpose of the law is to prohibit anyone to be elected twice as president, the constitution would have stated “no person shall serve for more than a single term in office as the President of the Republic”. Rather, the term President was used to emphasize that the person must assume the position before the said provision may apply. The term President was construed as the sitting president since one can exploit the powers and resources of the office.
The terms “President” and “person” shall not be treated as synonymous for this would be very crucial in interpretation. Joseph Estrada is no longer the president since 2001. The term “president” is not a lifetime attribution to any person who has served the chief executive position so we can also conclude that Joseph Estrada is no longer a president. Therefore, the provision shall not apply to him.
*Please read Margaux Salcedo’s article “The Parameters of Power: An Analysis of the Constitutionality Ban Against the Re-Election of the Presidents” in Ateneo Law Journal, June 2008
There could really be trouble if Charter Change will be pushed through to lynch the2010 Elections. Grave upheaval may arise not just from the masses, as Estrada warned, but from the middle and elite class on top. Popular opposition to Charter Change should not be attributed to mass public’s lack of information nor elite’s disapproval of parliamentary-federal system. In fact, Charter Change may be acceptable to the masses and the academic community if and only if the Gloria factor is removed in that endeavour. Therefore, resistance to Cha-Cha is merely the net effect of people’s distrust and antagonism to GMA.
Gloria’s step-down is more awaited than the 2010 Presidential Election. According to the website www.GOODBYEGLORIA.com, the people will send off GMA “with much enthusiasm”. Aside from that, other groups like the Black and White Movement have also started their own countdown to GMA’s end of term. Ensuring GMA’s bow out of office should be prioritized above all political issues. Countless organizations and movements have been campaigning for voters’ education and presidentiable forums yet we are not sure if 2010 Presidential Election will really happen.
Enough for the Arroyos, the people have sternly expressed its dislike to GMA for nine years. GMA should rethink her plans to perpetuate in power. She must step down so she may serve as the model for other politicians who are insatiably hungry for power. Streets like Edsa, Ayala and Mendiola have witnessed the nation’s angst over dreadful issues of election fraud, overpricing of government projects and lack of moral ascendancy in governance. The nation really desires changes, even constitutional changes, so the GMA stain should be eliminated on 2010 so political development could progress.
If the unwavering proponents of Cha-cha would like to advance beneficial changes to our nation, they must ensure that GMA must be absolutely out of the issue. The people no longer want GMA as the nation no longer need her as a president or prime minister. Charter Change must be seen as genuine and honest aspiration for change, not as shenanigan of the Arroyo regime.
Common sense dictates me to believe that Joseph Estrada is qualified for 2010 Presidential Election. The much quoted provision “The President shall not be eligible for any re-election. (Sec.4, Art VII)” should not be considered as legal obstacle for his candidacy. If the purpose of the law is to prohibit anyone to be elected twice as president, the constitution would have stated “no person shall serve for more than a single term in office as the President of the Republic”. Rather, the term President was used to emphasize that the person must assume the position before the said provision may apply. The term President was construed as the sitting president since one can exploit the powers and resources of the office.
