Monday, December 22, 2008

Continuous Mocking of the 1987 Constitution

Yesterday in the Philippine Daily Inquirer I read an article about Pres. Joseph Estrada and Senator Loren Legarda being 'pushed' to run for President and Vice-President in the coming 2010 National Elections.

I was eating breakfast in Jollibee at that time and literally nawalan ako ng ganang kumain.

I cannot believe that Mr. Estrada is even thinking of running for president.

I cannot believe, with all of his lawyer friends, that people around him are pushing him to run for president.

Every law student knows (having studied Consti Law 1) that an elected president is barred from running for a 2nd term.  The Constitution is clear on this point.  Art. VII, Sec. 4 par. 1 reads:

"Section 4.  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." (emphasis mine)

What part of "shall NOT be eligible for any re-election" don't these people understand?

President Joseph E. Estrada is not eligible to run for President again.

And yet.... at ito yung masakit... they will let him run.

They will try.

They will see if they could get away with it.

And it's just so sad that we continue to mock our constitution like this.

If the constitution was a person, it'd feel insulted.

The United Opposition will most probably argue that since President Estrada didn't serve more than 4 years (the period barring successors from running for president), the provision doesn't apply to him.

That's splitting hairs na.

The intent of our constitutional commissioners was to completely bar a president from seeking a 2nd term.  This was their knee-jerk reaction from Pres. Marcos' 20 year rule.

I hope President Estrada isn't serious in running.  I hope it's all just a threat to jitter their opponents.

Otherwise, I'd write a letter to all law deans asking them to stop teaching consti law since no one seems to respect it.

On the other hand, here are the KAMPI congressmen trying to get 198 signatures of fellow congressmen to amend the Constitution.  They adjourned last week to go on Christmas vacation but you can count on them to revive the signature campaign come January 2009.

This is another blatant mocking of the 1987 Constitution.

Art. XVII, Sec 1 reads:

"Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention." (emphasis mine)

Administration congressman are mocking the Constitution by claiming that the 3/4s vote requirement means congress voting jointly (240 congressmen + 23 senators) kasi daw wala naman nakasabi na "voting separately."

Granted, hindi nalagay "voting separately," the intent was for them to vote separately.  Otherwise, mawawala lang yung delineation between the two chambers of our legislature.

Obvious naman na nakalimutan lang lagyan ng "voting separately" (the legislative branch was supposed to be a unicameral assembly but the proposal lost by 1 vote).

Pero they will still insist na 198 signatures of congressmen is enough.


1 comment:

Anonymous said...

..No person who has succeeded as President AND has served as such for more than four years shall be qualified...

sana kasi OR na lang yung nakasulat

technically yung 1st time naging pres si GMA = succeeded as president na (?), but since nakalusot..

haaay! lilipat ako ng singapore pag nakalusot 'tong mga constitutional hocus pocus na 'to.