Friday, May 22, 2009

GINNO CALLS FOR ERAP to run in 2010

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

1 comment:

  1. yep! the funny thing is..(it still gives me chills, actually) I visited a "manghuhula" yesterday. so while hearing stuffs about my future..AY WOW!! biglang hirit si lola na the vibration she have daw regarding who'll be the next president is ERAP daw. "Oo! Pustahan!", she dared me.

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