Is GMA eligible for any reelection?

By Alan F. Paguia
Former Professor of Law
Ateneo Law School
University of Batangas
Pamantasan ng Lungsod ng Maynila
alanpaguia@yahoo.com
December 1, 2009

Is Gloria Macapagal-Arroyo, as the sitting President, eligible for any

reelection?

The answer is NO, for the following reasons:

1. The 1987 Constitution is clear. It materially provides: “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 reelection. 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.” (1st par., Sec. 4, Art. VII)

2. According to jurisprudence, where the law is clear, there is no

room for interpretation. We must apply the law not as we think it
ought to be but as we find it and without regard to consequences
(Velasco v. Lopez, 1 Phil 720).

3. Is the disqualification to the effect that – the President shall not be

eligible for any reelection – clear or not clear? It is clear. There
appears no reasonable doubt as to its meaning.

4. “The President” refers to the incumbent. Why? Because all the

previous Presidents are no longer “the President”. They are former
Presidents. Neither would it appear to refer to future Presidents
because they are not yet “the President”.

5. “Not eligible” simply means disqualified.

6. “Reelection” means being elected again, whether to the same

position, or immediately, or otherwise.
7. “Any” means regardless of qualification or distinction. Thus: (a)
“reelection” of whatever kind is covered by the prohibition, and (b)
the constitutional disqualification appears almost absolute, being
subject only to the exception of a substitute President who serves
for not more than four (4) years.

8. The public policy behind the prohibition appears obvious. The

President is prohibited from taking advantage of the highest and
most powerful position in government – to prepare for “any
reelection”.

9. In other words, GMA, as the sitting President, is barred from “any

reelection”, whether for President or any other elective public
office.

10. Consequently, the act of filing her certificate of candidacy for

membership in the House of Representatives is void ab initio for
being contrary to the fundamental law.

11. Under the Civil Code, acts executed against the provisions of
mandatory or prohibitory laws shall be void, except when the law
itself authorizes their validity (Art. 5). In GMA’s case, the exception
does not apply. The law itself does not authorize the validity of the
questioned act.

12. Dura lex sed lex. The law may be harsh to some, but that is the
law.