Duterte’s potential VP run goes against the spirit of Constitution, senator says

Senate Minority Leader Franklin M. Drilon, a former justice secretary, said on Friday that President Duterte’s potential run for vice president would go against the spirit of the Constitution that clearly prohibits a second term for the President.

“This is because a vice president can become President anytime in case of resignation, impeachment, death, and permanent incapacity of the President,” Drilon said in a statement on Friday.

“While the wording of the Constitution does not prohibit the President to run for any elected position, to run for vice president would contravene the spirit of the Constitution and could pose a serious problem of succession to the presidency later on,” Drilon warned.

“Article VII, Section 4 of the Constitution is clear that the President shall not be eligible for any re-election. The spirit of the provision is to allow only one term for the president and to prohibit two terms. No person can occupy the highest position in the land for two terms,” Drilon emphasized.

Article VII, Section 4 further states that “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,” he noted.

Drilon recalled that when he was executive secretary of the late President Cory Aquino, certain quarters wanted the late President to run as president again on the theory that the Constitution was not applicable to her since she was elected under an interim “Freedom Constitution.”

He said President Cory refused because it would contravene the spirit of the Constitution which only allows one term for the President.

“Hindi lumusot ang Cha-cha kaya susubukan nilang mag-tango. The Filipinos should not allow this clear circumvention of the spirit of the Constitution. We should oppose any attempt to circumvent our Constitution,” Drilon said.

Drilon warned that Duterte’s possible vice-presidential run will “create a serious problem of succession to the presidency” if he runs and wins as vice president in the upcoming 2022 national elections.

“In case of resignation, impeachment, death, and permanent incapacity of the President, the Vice President is first in the line of succession to the presidency. Can Duterte assume the role of the president again?” Drilon asked. “It will create a big question mark in an otherwise clear and established presidential line of succession.”

“It will destroy the equilibrium,” he added.

Drilon said he agreed with former Commission on Election chairman Christian Monsod, one of the framers of the Constitution, who had earlier said that the President’s possible vice-presidential run could be a “backdoor to the Presidency.”

“Atty. Monsod, being among the framers of the Constitution, is in the best position to interpret the meaning and purpose of the prohibition,” he added.

Presidential Spokesperson Harry Roque earlier said there is no legal impediment if Duterte decides to run for vice president in 2022.

Duterte had said that he is sold to the idea of vying for the second highest post to continue what he has started.