Take two for Erap? Experts give opinions on his reelection

MANILA, Philippines - 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: JOAQUIN BERNAS: 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." CHRISTIAN MONSOD: 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