‘Duterte can run under new charter’

THERE is no provision barring President Rodrigo Duterte from running for reelection under the draft charter shifting to federalism because the adoption of a new constitution “effectively results in a fresh start,” according to Constitutional Committee spokesman Ding Generoso.

“It is not the ConCom’s desire or anybody’s desire but it is the natural consequence, (or) the natural effect of a new constitution, (or) change in the system of government,” Generoso explained in a statement.

The ConCom that crafted the draft charter for the proposed Federal Republic of the Philippines is expected to present the document to President Rodrigo Duterte on Monday, July 9, in Malacañang.

Generoso said the constitution or any other law cannot have a provision that bars a particular individual “from enjoying the rights and privileges that the constitution or law confers on all.”

not to any individual. “That is the principle of democracy,” he said.

“It is undemocratic and discriminatory because it singles out one person. It constitutes class legislation. It violates the people’s sovereign right to elect their representatives and leaders,” he said.

section in the 1987 Constitution that barred then President Corazon Aquino from running in the 1992 national elections,” Generoso said. “In fact, Section 5 of the transitory provisions extended the term of then President Aquino up to June 30, 1992 solely for the purpose of synchronizing the elections.”

“On the other hand, the ConCom draft explicitly provides under Section 6 of the transitory provisions that the term of the President and Vice President which shall end on June 30, 2022 shall not be extended,” he said.

He also noted that there was no provision in the amended 1935 Constitution that barred then President Manuel Quezon from being elected “in the elections that would have taken place in 1941 had there been no second World War.”

“So, following the principle of equality before the law and equality before the constitution, if a provision is to be written to bar the incumbent from running, the provision should include all the above 1987 Constitution from running in 1992 (national polls),” Generoso said.