The plan of President Aquino’s congressional allies to file “a resolution to amend the 1987 Constitution to extend the term of President Aquino beyond 2016” is violative of the democratic system of our government. In a democracy, “elected leaders can legally and morally justify their reign only by obtaining the voluntary consent of the electorate”, as succinctly stated by then Associate Justice, later to become Chief Justice Artemio V. Panganiban in the 1994 case of David vs Comelec.
In other words, there is no such thing as “extension of term” because in our democratic system, any elective official whose term of office is expiring has to seek another mandate, if still allowed by constitution, and cannot ask for an “extension” of his term of office. If re-elected, he gets his mandate through the ballots and not by virtue of an extended tenure in office.
The proposed amendment cannot likewise be made to apply only for Aquino. To do so will be discriminatory and individualistic which is likewise repugnant to a democratic system of government. If the term of office of an elected President as provided in the 1987 constitution is amended, it should be worded in such a way that all previous living presidents can seek reelection and cannot be limited only to President Aquino. In other words, the amendment will likewise give rights to former Presidents Fidel Ramos, Joseph Estrada and Gloria Macapagal-Arroyo to run again for the position of President.
But, be that as it may, any plan to amend the constitution to allow reelection of previous presidents in the 2016 elections will not prosper. Time and budgetary constraints bar such political plan. The Comelec cannot even conduct a recall election in Palawan for lack of the required P20 million budget. What more of a constitutional amendment which may require P10 billion budget as it involves a nationwide campaign and plebiscite for its ratification by the entire electorate of the country. The 2015 budget does not include any appropriation for such a political exercise, hence, the legal and political impossibility of Presidents Aquino, Ramos, Estrada and/or Arroyo to join in the 2016 presidential polls. — Atty. Romulo B. Macalintal, Election Lawyer, Las Piñas City