MGM BLOG: THE CONSTITUTION BARS ERAP FROM RUNNING FOR PRESIDENT AGAIN

This blogger agrees with former Commissioner Christian S. Monsod, the Dean of the UP College of Law, Atty. Marvic M.V.F. Leonen and Atty. Romulo B. Macalintal that former president Joseph Ejercito Estrada is not eligible to run for president in the May, 2010 elections.

Our Constitution is crystal clear on this matter; it states in Article VII, Sec. 4. :

.......... 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 word any is crucial. It means an elected President is permanently disqualified to run again for the same office. This is what Commissioner Monsod means when he said that once elected President a person can no longer run for the presidency.

The verb has succeeded is also crucial; it does not mean has been elected. This blogger subscribes to the interpretation of Atty. Macalintal that the verb phrase has succeeded refers to the person who has acted as president because of the inability of the President to continue in office due to any of the reasons/causes enumerated in Article VII, Sec. 7 and Sec. 8 of the Constitution.

The phrase at any time, like any, also signifies permanent disqualification of the person who has acted as President to run for the presidency if he has served for more than four years as a successor-President.

This particular provision allowed GMA to run in 2004 because as successor of President Estrada, she did not serve for more than four years.

It must be pointed out that any and at any time reinforce each other. They leave no room for doubt. Both signify permanent disqualification.

Joseph Ejercito Estrada is a former elected President; he is not a former successor. Moreover, as Dean Leonen opined, as an elected President Mr. Estrada resigned from his position because having lost the trust of the Filipino people, he found it difficult to discharge his functions as head of state. Such resignation does not give him any right under the Constitution to reclaim the same position by running again in 2010.

The conclusion is inevitable: our constitution permanently bars Erap from aspiring for the presidency.