I have been wondering if Erap is still really eligible to run for President? Because my position is that, he could not run for that position again. This is in accordance to the clear import of Section 4, paragraph 1, Article 7 of the 1987 Constitution as quoted hereunder:
"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 re-election. 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."
The phrase "shall not be eligible for any re-election" is without any qualification nor distinction. Settled is the rule in Statutory Construction that where the law does not distinguish, neither should we distinguish...
On the other hand, if he is claiming that his right to run again for President comes from the sentence, "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", (thereby referring to a President who is not able to finish his term, but has served as such for four years or less only), because he took his oath in 1998 and was ousted in 2001 (barely 3 years only upon his assumption of office as the President), I firmly believe, that his contention is misplaced for it is very clear in that provision that such right is being given only to a President who has assumed said office by SUCCESSION and not to one who became a President by ELECTION- the Constitution having used the word "succeeded" in said sentence.
If I am not mistaken, that provision is the one used by GMA when she ran for President in 2004, as she only succeeded ERAP when the latter "allegedly" resigned.
Thank you to the debate conducted in San Juan where Atty. Makalintal expressed the same position as mine! At least some people have had an idea why Erap could not possibly run for Presidency anymore...His re-election will run against the Constitution which Erap himself pledged to support when he took his oath back in 1998... :-)
Thank you so much!
