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IBP: Duterte's possible VP run may be challenged before SC but...

The outgoing President's possible reelection as Vice President may be questioned before the Supreme Court (SC) but there are limitations to do this,  Integrated Bar of the Philippines (IBP) immediate past president Atty. Domingo Cayosa said Sunday.

Cayosa previously mentioned that there is no explicit provision in the 1987 Constitution that bars President Rodrigo Duterte from running as Vice President. Section 4, Article 7 of the Constitution says: "The President shall not be eligible for any re-election. 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."

This could be challenged before the SC but there should be an "actual controversy" to do so, Cayosa said.

"Hindi puwedeng magbigay ng opinion o basta mag-rule ng basta-basta. Kinakailangang may actual controversy. Iniiwasan ng Supreme Court na lahat ng issue napakikialaman nila kung walang kaso na idudulog sa kanila," he said over Dobol B TV.

(They can't just give an opinion or a ruling. There must be an actual controversy. The SC is avoiding giving an opinion on all issues unless there is a case brought to them.)

A person directly affected in the vice presidential run is also the one who can question before the SC the constitutionality of the President's run as Vice President, Cayosa further pointed out.

"Hindi ho kahit sino puwede magdala ng kaso. Kailangan 'yung tao na may actual interest. Siguro 'yung makakatunggali sa Vice President," the IBP chief said.

(Not all can file a case before the SC. The person should have an actual interest. Maybe a rival for the Vice President post.)

Constitution 'not perfect'

Meanwhile, Cayosa admitted that the 1987 Constitution is not perfect as there are provisions that lack clarification.

"Itong Constitution kasi fundamentally is a reaction to a Marcos dictatorship," he said.

(The Constitution was fundamentally a reaction to the Marcos dictatorship.)

"So dahil 'yan ang pinanggagalingan, may nakaligtaan na pinag-isipan nang maayos o kaya ilinaw," he further pointed out.

(Since this is the origin, there were some points that were not clarified.)

In a speech last week, Duterte revealed that he is considering running for Vice President in Eleksyon 2022 to avoid being a lame duck during his last year in office.

“Alam mo ‘yun... as a lame duck, posturing ‘yan. Political posturing so that they will not treat you badly,” Duterte said in a speech during the inauguration of the LRT2 East Extension Project.

“To maintain the equilibrium, consider me as a candidate for (the) vice presidency,” he added. —KG, GMA News