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can or cannot ...

1987 Constitution of the Republic of the Philippines
ARTICLE VII
EXECUTIVE DEPARTMENT

Section 4. 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 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.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.
Former President Estrada finally declared his full intention to run for the presidency for the 2nd time around, he said "This is the last performance of my life,". Everyone can still remember EDSA 2, the moment when the former president was ousted from power but the court said the otherwise. I started this entry with a quote from the constitution that clearly states that "The president shall not be eligible for any re-election. " one needs not to be a lawyer to fully understand the statement. I was reading some news articles and advisers to the former president argued that he is still qualified to run for a 2nd term. What I don't know is the would be argument they will present to the court the moment his participation in the upcoming elections is put into a legal question. There's a Supreme Court ruling [G. R. Nos. 146710-15 March 2, 2001 JOSEPH E. ESTRADA, Petitioner,-versus-GLORIA MACAPAGAL-ARROYO, Respondent.] where the court ruled that "In sum, we hold that the resignation of the petitioner cannot be doubted.". Section 4 of the constitution states that "Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.". Now to sum up, a) Is the former president a duly elected president of the Republic in 1998? Yes. b) Did the former president resigned in 2001? Yes. c) Can the former president run for re-election this coming 2010? by virtue of the two discussed provisions of the 1987 Constitution and my own interpretation, its a big NO... Remains to be seen are the arguments to be presented by any camp that will question the legality of this issue, all will be heard and used by Supreme Court for its decision. For now, let's just wait until the day when the former president formally files his candidacy... peace!

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