By Atty. Cristifil "Check" Baluma
Columnist
The Bohol Standard
Two years and a half away from the next election for the highest official of our land, the bickering and positioning for the next president is beginning to heat up. No less than two big names in Philippine politics are in the news, former Presidents Joseph Ejercito Estrada and Fidel Valdez Ramos are rumored to be eyeing once again the position they once had, the former having held office for six uninterrupted years, the other by just over two years. Many names have already emerged in the news to be vying for the presidency comes 2010: Senators Mar Roxas, Panfilo Lacson, Loren Legarda, Manuel Vilar and even Richard Gordon. The list continues with presidential appointees Bayani Fernando and Gilbert Teodoro. Not to be outdone is the current Vice-President Noli de Castro, who did not close his doors for the only position above his.
But what caught the most attention of them all for me is the alleged plan of the two titans in Philippine history to make a run for the presidency a second time around. Who can forget former President Fidel Ramos, the man who defied great odds, despite losing in the fight for the standard bearer of his original party, he created his own party with the support of his followers, and won in the 1992 elections over close pursuer, now Senator Miriam Defensor Santiago? Who can also forget former President Joseph “Erap†Estrada, the man who from being a multi-awarded action star, successfully pedalled his way into politics as San Juan Mayor, Senator, Vice-President and finally to the apex, the presidency in 1998?
If the two former presidents really intend to run again for President, both will be facing similar probable legal impediment. This legal impediment is found in Article VII, Section 4 of the 1987 Constitution which states: “ The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date six years thereafter. The President shall not be eligible for any reelection. 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. No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected. xxxâ€
This constitutional issue alone should be resolved as early as possible, because the two at present continues to have strong followings. In the case of Erap, Metro Manila continues to be his bailwick, for FVR, he still can rely on his generals and men in uniform for support. Understandably, Article VII, Section 4 of the 1987 Constitution was inserted in order to prevent a repeat of what happened in the pre-1987 era. In the case of former President Ramos, his loyal supporters were saying that six years was too short for him as president. In the case of Estrada, his battlecry for running again is perhaps different, as he only seeks to complete his six years term in office, cut short by the 2001 EDSA 2. The constitutional provision cited is very explicit that the President shall not be eligible for any reelection.
While some quarters in the news have argued that the word reelection applies to serving for two successive terms, Checkpoints view is different. Aside from the word reelection, preceding it is the word “anyâ€. What is very clear in the same provision is the scenario that both former presidents Estrada and Ramos can run for Vice-President. In the case of former President Estrada, if his pardon was absolute as he claims, then his civil and political rights are restored. If and when this happens, and any of the two would emerge victorious as Vice-President, by the stroke of luck, if the duly elected and qualified President dies, resigns, is permanent disabled or is removed, then the Vice-President would serve as President to serve the remaining unexpired term. Although former President Estrada was elected Vice-President before, he did not run for reelection in the latter position, making him eligible to run again for Vice-President. If former President Estrada plays his cards right and teams up with a formidable presidential candidate who is willing to sacrifice, who knows what will happen? In the case of former President Ramos, although he may no longer be young, he is still capable of pulling surprises.
While in the U.S. presidential candidates are wooing voters to vote for them, often engaging in debates, here in the Philippines, it is more of political positioning and money. The bell signaling the start of battle for the 2010 presidency has sounded this early in the Philippines and we expect major political shake-ups this year.
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