The Constitution does not prohibit President Duterte from running as vice president in the 2022 elections.
But, Domingo Egon Q. Cayosa – immediate past president of the Integrated Bar of the Philippines (IBP) – said Duterte’s candidacy for vice president next year can be challenged before the Supreme Court (SC).
Cayosa pointed out that not anyone else can go to the SC. Only someone who will run for the same office next year would have the legal standing to file a petition, he stressed.
The issue was discussed by Cayosa after Duterte’s announcement that he will seek the post of vice president in next year’s elections.
“Malinaw po naman yung ating Constitution, Article VII, Section 4. Ang sinasabi lang ho dito the President shall not be eligible for any re-election (The Constitution is clear, Article VII Section 4. What it says is that the President shall not be eligible for any re-election),” Cayosa said in a radio interview.
Under the rule on statutory construction, the lawyer explained: “Yung ordinaryong pagkakaintindi nung mga katagang yan iyon ang gagamitin (The ordinary understanding of the statement shall be used).”
“Ang mga batas ho kasi at Konstitusyon ay dapat yan naiintindihan ng ordinaryong mamayan (Our laws and the Constitution should be understood by ordinary citizens),” he pointed out
He explained that the records of the Constitutional Commission which crafted the 1987 Constitution did not even discuss anything that prevents the President for running for other positions.
“Unfortunately for those who claim otherwise, malinaw ho kasi Konstitusyon. So, kung sa tingin nila yung kanilang intensyon noon e wala diyan, e di ba dapat i-improve yung Konstitusyon para mawala yung duda na ganyan (Unfortunately for those who think otherwise, the Constitution is clear. If their intent is not there then improvements should be done in the Constitution to remove doubts),” he stressed.
But he said it may be too late to make amendments in the Constitution since the election is already next year.
He also said the SC cannot just issue an opinion on that provision of the Constitution.
“Iniiwasan din ng SC na lahat ng mga issues ay pakikialaman nila kung wala naman kaso dinulog sa kanila (The SC avoids getting their hands on issues that have not been brought before it),” he explained.
“Di pwede kahit sino pwede mag dala ng kaso. Di tayo pwede or kayo man. Kailangan yun tao na may actual na interest (Not everyone can bring it before the SC. Not me or anyone else. It has to be a person who has an actual interest on it),” added Cayosa as he pointed out that an actual controversy must be brought before the SC by the person affected by it.