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Koko can’t run a third time

Koko can’t run a third time

Koko can’t run a third time

FRANCISCO S. TATAD

“IF anything can go wrong it will,” says Murphy’s regulation.

“Just when you think it can’t get any worse, it does,” says one other (but anonymous) regulation.

So, President Duterte misplaced his clueless spokesman Harry Roque solely to exchange him with Salvador Panelo.

He fired his overseas secretary Alan Peter Cayetano for but unexplained causes and named Ambassador Teodoro Locsin Jr. as his overseas secretary-designate. Many want to give Teddyboy the good thing about the doubt, however DU30 has stored Philippine diplomacy with out a clear path and in limbo.



Communist ex-priest and Nationwide Democratic Entrance vice chairman Leoncio Evasco Jr. gave up his omnipotent publish as “Cabinet secretary” so as to run for provincial governor of Bohol, however left the Workplace of the President and the varied government businesses beneath him on digital “auto-pilot,” with out a competent Officer-in-Cost. Evasco’s audacious plan to show the nation into a Chinese language-type communist state has receded into a middling effort to select up a few elective seats underneath Davao metropolis mayor Sara DU30-Carpio’s Hugpong ng Pagbabago.

Feuding dynasties

Political dynasties used to agree, on behalf of their whole clan, whom to area for any specific workplace in a specific election. Additionally they tried to restrict the variety of relations who will run for workplace on the similar time. Neither of those is true any longer.

On this Might 2019 election, former mayor Junjun Binay shall be operating towards his sister, the incumbent Mayor Abigail Binay-Campos, for the mayorship of Makati.

In San Juan, former senator Jinggoy Estrada, who’s out on bail on expenses associated to the alleged misuse of public funds, and his half-brother, the incumbent Sen. J. V. Ejercito, will probably be operating collectively, on the similar time, and successfully towards one another.

Former Vice Pesident Jojo Binay, who’s operating for Congress, has did not persuade both of his two youngsters to offer strategy to the opposite. Since they’re each mature people, the patriarch has determined to go away the matter solely in their very own arms. Finally, it’s the voters of Makati who will determine, however the clan will definitely should bear some wounds.

This is identical state of affairs of former president and now Mayor Joseph Ejercito Estrada of Manila with respect to his two sons. The voters will finally need to determine whether or not the 2 brothers must be allowed to take a seat collectively within the Senate on the similar time. There are a minimum of 20 million different Filipino households that shouldn’t have a single member sitting as senator. However not all could also be conscious that Jinggoy Estrada and J.V. Ejercito are brothers.

In Taguig, former senator and incumbent congresswoman Pia Cayetano can be operating for the Senate, whereas her brother, the previous overseas secretary Alan Peter, can be operating once more for a seat within the Home, collectively together with his spouse Mayor Lani Cayetano, who will probably be operating for the opposite congressional seat, and one other brother Lino, the film director, runs for  mayor. The household will train an omnibus declare on all the metropolis’s main elective positions.

In Davao, the place the President comes from, presidential daughter Mayor Sara DU30-Carpio shall be operating for reelection, whereas her brother Paulo runs for Congress, and youthful brother Sebastian runs for vice mayor.

No regulation prohibits what these political clans are doing. If these clans are profitable, many others will need to emulate them later. We might nicely should cease speaking concerning the constitutional ban on political dynasties, and the necessity to enact an implementing laws.

In a candid editorial final week (Oct. 19, 2018), The Manila Occasions identified that because of our scandalous electoral system, we have now succeeded in placing whole households on the federal government payroll. We’ve been electing politicians who “feed at the public trough” with out offering any service by any means, the editorial stated. We stand a good probability of including extra to this on this coming election. Simply take a look at the record of those that are operating.

Till the final day of submitting of certificates of candidacy (October17), all types of individuals had been urging me to run. I used to be not even ready to think about the potential for voting within the election. After two consecutive phrases, I used to be termed out of the Senate in 2001, and I had two disastrous runs in 2004, when my votes have been vaporized with these of my presidential candidate Fernando Poe Jr. and in 2010, when our first automated presidential elections produced what many thought-about a de facto authorities.

A spot for seniors

I had not given anybody any purpose to think about me a potential candidate for something. However they stored on coming. Their prodding intensified after former senator Juan Ponce Enrile filed his CoC  on the age of 94. JPE is a yr older than Mahathir Mohamad, who simply made a comeback as Malaysian prime minister.  JPE’s run appeared to shock many, forgetting that the previous Roman Senate was made up of seniors—senior in age, senior in mind, senior in dignity—who shared their knowledge with the Empire. What ought to shock us is when younger and inexperienced politicians volunteer themselves for the Senate on the idea of sheer ambition, unexplained wealth and skill to purchase reputation surveys and the election.

It ought to by no means shock anybody when a mature statesman steps as much as the plate at a time of excessive want or disaster. Mahathir’s instance really evokes, however the extra inspiring mannequin is just not a 93-year-old teenager like him, however the biblical Noah, who began constructing his Ark when he was properly previous 500 years. Age ought to all the time be thought-about an asset particularly when it ensures knowledge; it ought to be seen as a legal responsibility solely when it denotes senility, Parkinson’s or Alzheimer’s.

On the Senate’s 102nd anniversary celebration on October 10, a variety of former senators joined some sitting senators at a Manila Lodge dinner hosted by Senate President Vicente Sotto third. It was good to see former colleagues—former president Joseph and Mrs. Loi Estrada (who have been each senators), Aquilino Pimentel, Jr., Noli de Castro, Eddie Ilarde, Victor Ziga, Pong Biazon, Orly Mercado, Joey Lina, Heherson Alvarez, Robert Jaworski, Freddie Webb and Nikki Coseteng. All seemed properly preserved.

A lineup of oldtimers

After talking briefly with Sen. Manny Pacquiao, the world boxing champion, who appears to have lately taken up basketball, and the youthful incumbents like Nancy Binay, Bam Aquino, Joel Villanueva and Win Gatchalian, I raised the potential for forming a 2019 senatorial lineup composed of former senators, with out together with myself. I might thought it will make a powerful assertion, just like the time when a group of illustrious residents determined to run for the Quezon metropolis council, within the identify of “good government.”

There have been no takers. So JPE, Jinggoy Estrada, Ramon “Bong” Revilla Jr., Sergio Osmeña third, Lito Lapid and the unsuccessful presidential candidate Manuel “Mr” Roxas are the one former senators operating on this marketing campaign. I can’t foresee a fiery senatorial marketing campaign. Nobody is more likely to hound JPE, Jinggoy and Bong Revilla with accusations associated to Janet Napoles, no one goes to ask Lapid whether or not he’ll want somebody to translate proceedings within the English into Filipino or Pampangan, for his comfort, and no one will in all probability ask Mar Roxas concerning the many controversial offers negotiated beneath him when he was secretary of transport and communication or secretary of native authorities.

However I can’t predict that nobody will ask for the disqualification of former Senate president Aquilino “Koko” Pimentel 4th on constitutional grounds. Koko was the primary one to file his CoC among the many 152 filers, and final week he married the stunning and extremely completed Miss Kathryna Yu, a graduate of the College of Asia and the Pacific, on the Coconut Palace, after a failed first marriage to a former magnificence queen. He deserves a appropriate wedding ceremony current from his pals. However he might get this as an alternative.

Completely no third time period

Underneath the Structure, “No senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.” By June 30, 2019, Koko could have served two phrases. He can not search one other time period. His obvious excuse in looking for a third time period is that he began serving his first time period 4 years after the 2007 senatorial winners started serving. This was as a result of the Fee on Elections had declared Juan Miguel “Migz” Zubiri the 12th profitable senator, and Pimentel the 13th, so he stated he was cheated and needed to contest Zubiri’s election.

Zubiri was pressured to resign in 2011, and Pimentel served the unexpired portion of the six-year time period till he was reelected in 2013. In a variety of instances, an electoral protest is set on the final day or a few days earlier than the time period expires. The protestant by no means will get to take a seat lengthy sufficient, however he’s credited with having gained and served the complete time period. That is what occurred to Pimentel. Subsequently, he can’t argue that he can run once more as a result of he didn’t serve the complete six years of his first time period. Have been he allowed to run once more, he can be serving greater than the 12 years complete of two consecutive phrases, if he ought to win.

This a lot is obvious to me, a mere layman; it must be even a lot clearer to somebody who as soon as topped the Philippine bar exams. Koko’s third Senate run is null and void ab initio, to make use of Solicitor Common’ Calida’s operative phrase. All he has to do is to learn the regulation. In “Reading Law: An Interpretation of Legal Texts,” the late Justice Antonin Scalia of the US Supreme Courtroom and his co-author Bryan A. Garner level out that “the words of a governing text are of paramount concern, and what they convey, in their context, is what the text means.” “Do not depart from the words of the law,” they write, quoting Justinian’s Digest.

I want to see Koko stay a fortunately married life, and I can consider no extra appropriate wedding ceremony current for him than to encourage him to comply with the phrases of the Structure, cancel his CoC, and go on an prolonged honeymoon and attempt to have as many little kids because the sand on the shore.

fstatad@gmail.com

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