SC nominee says Erap not eligible for reelection
MANILA - A nominee to the Supreme Court (SC) believes that deposed President Joseph Estrada is not eligible to seek reelection, arguing the constitutional ban on former presidents is absolute.
Permanent Representative to the World Trade Organization Ambassador Manuel A.J. Teehankee argued before the Judicial and Bar Council (JBC) that the framers of the 1987 Constitution intended the president to serve only one term in office.
“The key phrase in that provision is that any President shall not be eligible for any reelection,” Teehankee said, referring to the Article 7, Section 4 in the 1987 Constitution, which says: “The President shall not be eligible for any reelection.”
Teehankee was interviewed on Monday by the JBC, the body that vets candidates to positions in the Supreme Court, Court of Appeals, the Sandiganbayan, the Ombudsman and the Deputy Ombudsmen.
He was the last to be publicly interviewed by the JBC for the post soon to be vacated by retiring Justice Consuelo Ynares-Santiago, the only remaining appointee of Estrada in the Tribunal.
Submit after PGMA steps down
Teehankee, a former undersecretary of the Department of Justice, also advised the JBC to submit its list of nominees to the Chief Justice post only after President Arroyo steps down in office.
His answer was in reply to a question raised by regular JBC member Regino Hermosisima whether President should appoint the next Chief Justice or it should be left to the next President.
Chief Justice Reynato Puno is set to retire May 17 next year
Article VII, Section 15 of the Constitution states: “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”
However, the Constitution also mandates that vacancy in the Tribunal should be filled up within 90 days after the vacancy has been created.
Hermosisima asked Teehankee how the two provisions could be reconciled considering that it may conflict with each other—one, the constitutional ban on appointments for outgoing presidents, and the other, the constitutional requirement should be filled up within 90 days.
Teehankee said the JBC could submit its short-list between July 17, 2010 and Aug 17, 2010, which is still within the 90-day period. The period, he noted, no longer covers the constitutional ban on last-minute appointments.
erratum
Vindication instead of vendication and exclusio instead of exclusion.
alam na...
The fact remains that even if Erap files a certificate of candidacy in the Comelec, his candidacy is constitutionally prohibited. No amount of legal hair-splitting will overthrow the constitutional prohibition. There are two theories advanced by Erap’s allegedly bright legal luminaries which I am going to discuss in my humble view, thus:
First, Erap contends that the constitutional prohibition refers only to the “sitting” president. I say, our Supreme Court is guided by the Rules on Statutory Construction in interpreting and applying the constitution or any law for that matter. Thus, “When the law is clear and unambiguous, there is no room for further construction, The constitutional proscription mentions only the term “president”. Furthermore, “When the law does not distinguish, the courts should not distinguish.” Still another rule on Statutory Construction says that, “Expressio unius est exclusion ulterius.” In other words, in the case of a prohibitive law which in this case specifically mentions an exclusion, there should be no additional exclusion. Otherwise, the court would be circumventing the constitution by affixing or adding an adjective to the term “president” and that would be tantamount to an illegal amendment to our constitution.
Second, Erap contends that his pardon does not carry a perpetual disqualification to run for public office and that such right is embodied under the Bill of Rights of the Constitution. I say, it’s a bright idea yet devoid of merit! Erap’s case is a novel one that is; no court jurisprudence has been rendered yet. As such, the rights of an individual must be tempered with the rights of the people affected. To put it bluntly, when the rights of an individual classes with PUBLIC WELFARE; the latter should prevail. WHY? Because Erap is an UNREPENTANT EX-CON PLUNDERER! Despite of the voluminous evidence and testimonies that led to his conviction, he still continues to profess his innocence. And, his primordial consideration in running again for president is for VENDICATION; THIS IS CHILLING. Foremost that should be in the minds of our Supreme Justices is, “Should we give this man, a chance to be a RECIDIVIST to the ultimate peril of the people?”
Erap and Jinggoy is quick to label Lacson as “walang utang ng loob.” If there is the most “walang utang na loob” official in the world it is Erap and Jinggoy themselves. Come to think of it, Erap and Jalosjos both committed heinous crimes. Yet, Jalosjos served his time completely despite of his protestations. Si Erap ni hindi nakatikim ng “Munti” kahit isang araw. Nagpahinga lang yan sa kanyang rest house sa Tagaytay at patagay-tagay si tatay. Yet, the glaring fact is that Jalosjos only committed a crime against one invidividual but Erap committed a crime against the whole nation! At ang pinakamasaklap, si Erap pinatawad!!!
Be that as it may, personally, I’d rather see Erap run this coming election. The reason is that I don’t want to take a very rare opportunity for the poor electorate to partake of Erap’s loot kahit pabigasbigas at panoodles-noodles lang. Tiyak namang di mananalo yan. Matalino na ang mga voters ngayon. ALAM NA NILANG KAININ ANG PAIN MO AT ILULUWA ANG TAGA MO ERAP!!!
Suggestion to President ERAP: Endorse Noynoy Aquino
http://philippinepoliticsreligion.blogspot.com/2009/09/suggestion-to-pre...
Let's face it.
Pinoy still love ERAP (President Joseph Estrada).
In fact, if I will be allowed to vote twice,
I will vote first for Noynoy and second to Erap.
The sad part is, ERAP may be disqualified by the technicalities from the 1987 constitution. The EDSA People Power 2 proponents will be moving heaven and earth not to allow ERAP to be in power again. In addition, GMA allies will do everything in their power not to allow erap to be the president again.
If vindication is what ERAP is looking for, he already got it.
When President Cory apologized to him.
It's more than enough.
Everyone knows that ERAP was an elected President of the Philippines.
While, GMA is unelected President of the Philippines,
a squater in the Malacanang palace.
This argument will gonna be messy, hopefully not bloody.
I like to suggest our President ERAP not to run the next election
and support the candidacy of Noynoy Aquino.
This would be more logical and practical option for President ERAP.
Who knows, he might even win new friends from old foes
if he will support Noynoy Aquino for president in year 2010.
If this will happen,
If President ERAP will endorse Noynoy,
the vote is cast already.
the win is assured.
Even if you combine the vote of Manny Villar and Gilbert Teodoro,
it will not stand a chance.
Hurray to our new president
the 15th ELECTED Philippine President, Noynoy Aquino.
http://philippinepoliticsreligion.blogspot.com/2009/09/suggestion-to-pre...
E Bakit Itong Si Pandak Hindi Nila Tanungin Kung Paano Naging
Presidente? Hindi pa tapos ang impeachment, pinasumpa na nila yung tao, tapos pinasumpa ulit matapos na tumawag kay Garci. Bakit iyan, hindi ninyo tinatanong kung constitutional o gawa gawa lang ng mga corrupt sa gobyerno?
Kaya binabaha ang Pilipinas dahil sa kalokohan ninyo! Umakto na ang Diyos, hindi pa rin yata kayo natuto.