Why no provision barring Duterte re-election in draft federal charter? Con-com spox explains

The spokesperson of the Consultative Committee tasked to propose amendments to the 1987 Constitution on Sunday released a statement on why the Con-com's proposed federal charter has no provision prohibiting President Rodrigo Duterte and other incumbent officials from running again in 2022.

Ding Generoso characterized a provision that would bar Duterte from running for re-election as being "a provision that bars a particular individual from enjoying the rights and privileges that the Constitution or law confers on all."

"The Constitution sets the qualifications and disqualifications THAT APPLY TO ALL and not to any particular individual. That is the principle of democracy," Generoso emphasized.

Such a provision, the statement continued, would be "undemocratic and discriminatory" because it singles out one person.

Generoso also said that such a provision constitutes class legislation and "violates the people's sovereign right to elect their representatives and leaders."

He said that the above explanations were the reasons why one can "never find any section in the 1987 Constitution that barred then President Corazon Aquno from running in the 1992 national elections."

"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," Generoso said.

"In the original 1935 Commonwealth Constitution, the term of President was six-year with no reelection. In 1939, the Constitution was amended to change the term to four years with one reelection," he added.

"The amendments never provided for a section that barred then President [Manuel L.] Quezon from running in the succeeding election."

The Con-com last Tuesday approved the final draft of its proposed federal charter to submit to Duterte.

Critics, including 1987 Constitution framer Christian Monsod, expressed deep concern that a shift to federalism would be an avenue for Duterte to extend his term beyond 2022.

Duterte has made pronouncements that he would be ready to step down as early as next year if the administration's push for a change in Constitution succeeds.

"Make me stop being president during the transition. In other words, elect a president before you make the transition from unitary to federal. I would be willing to accept the proposal. Galing na sa akin," Duterte said.

According to Generoso, the president is not the only official barred by the 1987 Constitution from seeking reelection in 2022. Also banned from running are the following:

• all senators who have served two six-year terms;
• all members of the House of Representatives who have served three terms;
• all governors, vice governors, provincial board members who have served three terms;
• all mayors, vice mayors, city and municipal councilors who have served three terms; and
• all barangay chairpersons and kagawad who have served three terms.

If a provision is to be written to bar the incumbent from running, it should include all the above officials, Generoso said. — Anna Felicia Bajo/BM, GMA News