WHAT THEY SAY Take two for Erap? Experts give opinions on his reelection How often could a person become a president in the Philippines? The issue has been revived following statements of Joseph Estrada that he is bent on seeking reelection in the 2010 presidential polls. But could Estrada – 13th Philippine president, impeached in the House, ousted through Edsa Dos, convicted of plunder, and granted pardon by his successor, Gloria Macapagal Arroyo – try again? Article VII, Section 4 of the 1987 Constitution states that, “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." At least two arguments are being raised by those who favor Estrada’s reelection. The first is defining reelection in Article VII, Section 4 of the Constitution as election immediately following the end of the term of a President. And because Estrada did not run immediately following the end of his term, he could be allowed to run again. The second argument is that Estrada could run again because he was not able to finish his six-year term. Estrada’s camp argues that the constitutional ban on the reelection of Presidents only applies to “sitting presidents" running again following the end of their term and those who have completed their terms. Below are the opinions of legal experts on Estrada’s bid to resurrect himself and reclaim Malacañang:
A member of the 1986 Constitutional Commission (ConCom) that drafted the 1986 Constitution and dean emeritus of the Ateneo Law School, claims that the Charter explicitly prohibits a President to run again. Bernas says this is clear in Article VII, Section 4 of the Constitution, which states that, “The President shall not be eligible for any reelection." For Bernas, reelection means “either election immediately after a term or election even after some interruption." According to him, the delegates of the 1986 ConCom debated on how often an individual could become a President and came out with a draft that, “He shall be disqualified from immediate reelection." When the said draft was being deliberated, ConCom members came out with three proposals on the reelection issue: (1) no immediate reelection (2) absolutely no reelection whatsoever and (3) one immediate reelection. The “absolutists" among the drafters won, according to Bernas. The word “immediate" was “deliberately deleted," thus the final text became, “The President shall not be eligible for any reelection."
The former chairman of the Commission on Elections, and also a ConCom delegate, thinks there is no second chance for Estrada. “You only get one shot to serve as elected president. There should be absolutely no second election at all," said Monsod. He said that when the 1986 ConCom drafted the Charter, the delegates wanted to guarantee that after a single term, a President is “perpetually disqualified" from seeking the highest post in the land again. Estrada claimed that Section 4, Article VII of the Constitution only applies to a sitting president seeking reelection immediately following the end of a prior term. Monsod debunked Estrada’s argument saying the Constitution restricts any President from seeking reelection regardless of when he occupied the presidency.
MARLON MANUEL: The convenor of the Alternative Law Groups echoed the position of the drafters of the Constitution and said that the constitutional reelection ban covers Estrada and all elected presidents. “Nowhere in the Constitution did it state that only the incumbent President is ineligible for reelection. It (Section 4, Article VII) is absolute, it covers Mr. Estrada," he said. Manuel, however, said that a complication might arise because Estrada did not finish his term of office.
ROMULO MACALINTAL: The election lawyer, a known ally of the Arroyo administration, also claims that the Charter prohibits any former President from seeking another term. Napakaliwanag sa ating Saligang Batas na sinumang naging pangulo ng bansa ay ‘di na maaring tumakbo sa pagka-pangulo muli [The Constitution states that anyone who has served as president cannot seek the same office again]. "Maliwanag na for any reelection, whether you are incumbent, sakop ka ng reelection (ban) [Whether you are incumbent or not, you are forbidden from seeking reelection]," he said.
- GMANews.TV (Updated 12:10 p.m.) MANILA, Philippines – Since his political rights were fully restored after he was granted absolute pardon in 2007, former President Joseph Estrada had floated the idea that running for president again is legitimate. Legal luminaries, however, had continuously debunked Estrada’s claims and argued that the 1987 Constitution clearly bars any president from seeking re-election. On Tuesday, debates on Estrada’s possible candidacy had been revived after the deposed president cited a study conducted by legal experts saying that there is no legal impediment to his possible presidential bid. Election lawyer Romulo Macalintal, however, believes otherwise. "Napakaliwanag sa ating Saligang Batas na sinumang naging pangulo ng bansa ay ‘di na maaring tumakbo sa pagka-pangulo muli [The Constitution states that anyone who has served as president cannot seek the same office again]," Macalintal said in an interview on
GMA’s Unang Hirit on Tuesday. Section 4, Article VII provides that "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." Citing the study, Estrada said such provision only applies to incumbent presidents. Romulo, however, contested Estrada’s argument and said that anyone who was elected chief executive falls under the ambit of the said constitutional provision. Romulo added that the four-year cap stated in the provision applies to those "who have succeeded as President." "Maliwanag na for any reelection, whether you are incumbent, sakop ka ng reelection (ban) [Whether you are incumbent or not, you are forbidden from seeking reelection]," said Macalintal, who had served as President Gloria Macapagal Arroyo’s election lawyer.
Political rights At the height of his impeachment trial in January 2001, Estrada was ousted via the second People Power Revolution. He had only served as President for roughly two years and seven months. The Sandiganbayan convicted the deposed leader of plunder in September 2007. He was meted with reclusion perpetua and was disqualified from seeking any public office. A month later, President Arroyo granted Estrada executive clemency, which also restored his civil and political rights. "In view hereof in pursuant of the authority conferred upon me by the Constitution, I hereby grant Executive clemency to Joseph Ejercito Estrada, convicted by the Sandiganbayan of plunder and imposed a penalty of reclusion perpetua. He is hereby restored to his civil and political rights," read Mrs. Arroyo’s order on Oct. 25, 2007.
SC as the battleground But even if Estrada’s political rights had already been restored, Macalintal believes that it does not make him qualified for seeking the presidency. The lawyer likewise said that while Estrada might have the perception that he still has the support of the masses, "being popular and the voice of the people cannot just amend the Constitution." Macalintal also said that renewed talks on Estrada’s possible candidacy might create a justiciable controversy that could reach the Supreme Court. "The matter would be elevated to the Supreme Court," he said, adding that he expects the high court to decide on the issue swiftly because Estrada’s possible second presidential bid had been a "long-standing" controversy.
'Absolute' pardon Contrary to Macalintal's opinion, former Supreme Court Associate Justice Serafin Cuevas - who also served as Justice Secretary from July 1998 to February 2000 under Estrada's term - said the deposed president can still run for the country's top post. "Yes [he can run for president]. That's my opinion. I may be wrong, but that's my honest evaluation," Cuevas said in an interview with House reporters on Tuesday. Cuevas said the pardon granted Estrada erased all his criminal liabilities and restored his political and civil rights, including his right to seek public office once more. "The pardon is absolute. If it is not absolute what are the conditions imposed. Wala naman e [There is none]," said Cuevas. The former SC justice also affirmed Estrada's claim that the re-election ban under Section 4, Article VIII of the 1987 Constitution only applies to sitting presidents so they cannot utilize government resources in their re-election bid.
The deadline is set Estrada had earlier said he would throw his hat in the 2010 presidential ring only if the opposition would fail to unite and field a single candidate. In the opposition, those who have announced their presidential bids or are reportedly eyeing the presidency include Senators Manuel Roxas II, Manuel Villar, Panfilo Lacson, Loren Legarda, Francis Escudero and Makati City Mayor Jejomar Binay. Still, Estrada expressed confidence that members of the opposition could still vouch support for a single-standard bearer. “I’m not losing hope," he said in an separate
interview aired on Unang Hirit on Tuesday. He said that lessons should be learned from the 2004 elections where votes for opposition candidates like Lacson and the late Fernando Poe Jr. were scattered – resulting in the victory of President Arroyo. However, the former president believes that time is running out and that a standard-bearer should be picked soon as the forthcoming elections on May 10, 2010 draws nearer. He said he is giving presidential aspirants in the opposition until August or September to unite. "Siguro (Probably) by August or September, we will know." Earlier, Senate President Juan Ponce said no one could stop Estrada from taking another shot at the presidency. Enrile declined to comment on the legality of Estrada’s presidential bid but he vowed to support the ousted leader. “Kung gusto niyang tumakbo e paano natin mapipigilan. Sabi niya qualified siya (If he wants to run for president how can we stop him from doing so. He insists he is qualified)," Enrile said. “It’s not whether he can, the question is will he run and I think he will (run)… You know when somebody wants to run, he does not think of other things except to run," the senator said. Asked if Estrada is a threat to other presidential aspirants, Enrile said: “Secret. I’m telling you. I will not say if Erap is a strong candidate or not. They might say that I’m biased."
- with Johanna Camille Sisante, GMANews.TV 
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