Non-Necessity Final Speech

LIBRT President Duterte be allowed to run as Vice President
Non-necessity:
“What cannot be legally done directly cannot be done indirectly.”
Good evening your Honors, worthy adversaries.
Bukidnon State University contends that President Rodrigo Duterte, as the

incumbent President, should not be allowed to run as Vice-President. This
interpretation is necessary if we are to give meaning and substance to the
Constitutional provision which prohibits the incumbent President from any re-
election.
Section 4, Article VII of the Constitution states “The President shall not be eligible
for any reelection.”
Our adversaries obviously would want a strict, literal and textual interpretation of
this provision to mean only “re-election” for the same position, that is, the
Presidency. Ergo, they would contend that President Duterte running for Vice-
President is permitted.
Bukidnon State University submits that such strict interpretation is flawed,

unnecessary and wrong. It is contrary to the spirit of the Constitutional prohibition.
Let me emphasize that this issue conceptualizes the idea of a President

running for Vice President and thus seek for a continuous reelection with the
highest positions in the Philippines.
Point #1. It defeats the intent of the framers of the Constitution.
1987 Constitution was crafted to ensure that a dictator like Ferdinand Marcos who
overstayed in office for some 21 years would not happen again in our country.
Christian Monsod, one of the framers of the 1987 Constitution states that if it be
allowed, then Constitutional provisions on social justice and anti-political dynasties
can be rendered “meaningless. It was already clear in the deliberations that the
president was to sit for only six years, no reelection, no succession.
Not only that. As next in line, a president-turned-VP can re-ascend in case of

creation of a self-serving presidential vacancy. As the constitutional successor to
the President, the Vice-President becomes President in case of death, permanent
disability, removal from office or resignation of the President and this would
circumvent the constitution.
A Vice-President Duterte could become President again if, say, a President Bong
Go resigns, is permanently disabled or is removed from office. Sustaining such a
position would allow for a perpetual presidency which the Constitution clearly
prohibits. Again, one may not do indirectly what he cannot do directly.
1
Point #2. He is already given 6-year term by the Constitution.
The idea is that since you only have 6 years as President, you better be good at it.
You better focus on your job and not be distracted by how your decisions impact
your re-election and the status of your party.
As mentioned by Commissioner José F. S. Bengzon, Jr., in the records of

Constitutional Commission, six years would be good enough for a good President
to perform and implement his program of government.
In confirming that he is running for Vice-President, President Duterte said “I will

continue the crusade. I’m worried about the drugs, insurgency”.
To which we must reply: But didn’t you have six years already Sir?
In sum, a 6-year-single-term is provided in the Constitution for a reason. This is to

require that a President campaign one time and be free of political pressures during
his entire tenure. This is to ensure that the President can focus on doing his job
during his term and not on political power-plays. This is to protect against
authoritarianism and dictatorship.
In closing let me quote the Supreme Court when it ruled:
“If acts that cannot be legally done directly can be done indirectly, then all
laws would be illusory.
“What cannot be legally done directly cannot be done indirectly.”
Thank you very much.
2
Good evening counsel. Please answer me with Yes or No only. Thank you.
1. I presumed you have read Sec 4, Art. VII of the Constitution, right?
2. Therefore, if you read the whole provision, it states that 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 reelection.” Right?
3. Did you noticed that the word “any” was placed before the word “re-election”?
4. Yes or No, do you agree with me that the word "any" in the last sentence should
refer to both reelection as president and vice president since the two positions
were mentioned in the preceding sentences?
IF NO-Therefore, you are proposing that the word “any” in the provision
constitutes no meaning at all?
Your Honors, the opposite side might be too overwhelmed with the literal
interpretation of the provisions that she even omitted certain parts of it which
end up her arguments not in accordance with the provisions she presented.
IF YES- Therefore your Honors, the opposite side is with us. She concedes that
the interpretation of the provision should be both reelection as president and
vice president and thus prohibit the President from running as Vice President.
1. I presumed you know that if we allow President Duterte to run as Vice

President for the next election, this will be the first in the history of the
Philippine politics, right?
2. So are you proposing that every President shall have the privilege of
becoming Vice President after he end his term as President?
IF No- therefore, your Honors, there is a discrimination in the part of the

opposing side. There is a big question mark as to why they are only allowing
Duterte to run as Vice President after his term and it would lead to a loophole
in the provisions provided by the Constitution.
If yes- Did you know that term limit were indicated in the 1987 Constitution
in order to avoid from happening again the country’s painful experience
under the government of former President Ferdinand Marcos, right?
So are you aware, that if a President is allowed to run again as Vice

President, he will be given another 6-year term to lead under a national
position, right?
YES- therefore your honor, the proposed candidacy of Duterte under the
opposition’s argument is very defective because it defeats the intention of the
framers of the Constitution.
3
For my last question, Yes or No counsel, do you agree with me that President
Duterte is not the only capable of running as Vice President? Right?
-Yes, of course, yes. Thank you, counsel.
-No, I think your being blinded by your political loyalty.
Your honors, we have made our point. The candidacy of President Duterte as
Vice President for the next election defeats the spirit of the constitution. The
provision that they use as their hardline in their arguments constitutes ambiguity.
They omitted word such as “any” in order for it to become applicable to them,
thus s a general rule of statutory construction, the spirit or intention of a statute
prevails over the letter thereof. Next, what they are proposing constitutes
loopholes in the constitution and might be used by the succeeding Presidents in
the future. They might used Vice Presidency as means to maintain their grip of
power after having the Presidency. Lastly, the most important consideration in
their answer, they concede that Duterte is not the only capable to become as
Vice President. If Duterte is not allowed by law as Vice President, why would
they force it if there are still other person capable of doing so.
Your Honors, their proposed policy is flawed and unnecessary. Give our team the
opportunity to pin-point why we will not allow President Duterte to run as Vice
President in our speeches. Thank you.

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LIBRT President Duterte be allowed to run as Vice President

“What cannot be legally done directly cannot be done indirectly.”

Good evening your Honors, worthy adversaries.

Bukidnon State University contends that President Rodrigo Duterte, as the

Bukidnon State University submits that such strict interpretation is flawed,

Let me emphasize that this issue conceptualizes the idea of a President

Point #1. It defeats the intent of the framers of the Constitution.

Not only that. As next in line, a president-turned-VP can re-ascend in case of

As mentioned by Commissioner José F. S. Bengzon, Jr., in the records of

In confirming that he is running for Vice-President, President Duterte said “I will

In sum, a 6-year-single-term is provided in the Constitution for a reason. This is to

In closing let me quote the Supreme Court when it ruled:

“What cannot be legally done directly cannot be done indirectly.”

Thank you very much.

1. I presumed you know that if we allow President Duterte to run as Vice

IF No- therefore, your Honors, there is a discrimination in the part of the

So are you aware, that if a President is allowed to run again as Vice

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