POLICY BRIEF

EXEMPLARIZED THE QUALIFICATIONS FOR PRESIDENTIAL

POSITION OF THE REPUBLIC OF THE PHILIPPINES

GLADDEN A. MACEDA

NOVEMBER 28, 2022

JD301: CONSTITUTIONAL LAW 1

DEAN SHERRYMAE O. VELOS-DECANG
FIRST SEMESTER - S.Y. 2022 - 2023
Problem Statement/ scope of the problem/ current policy context:
The president of the Philippines is the country's head of state, head of government,
and chief executive (Filipino: Pangulo ng Pilipinas; sometimes known as Presidente
ng Pilipinas). The commander-in-chief of the Philippine Armed Forces and head of
the executive branch of government is the president.
The vice president of the Philippines is the only other nationally elected executive
figure. However, due to a president's death or resignation during their term, four vice
presidents have taken the oath of office without first being elected to the position.
In their native tongue, Filipinos typically refer to their president as pangulo or
presidente. The president can only serve one six-year term. A person is not eligible
to run for office or continue serving after serving as president for more than four
years.
The president has the authority to issue executive orders, which are tools for
streamlining an administration's policies and initiatives. The Administrative Code of
1987 lists six types of issuances that the President may make: proclamations,
executive orders, administrative orders, memorandum orders, memorandum
circulars, and general or special orders. Except in circumstances of impeachment,
the president has the authority to give reprieves, commutations, and pardons as well
as to waive penalties and forfeitures upon conviction by final judgment. With the
support of the majority of all Congress members, the president may declare
amnesty. The president has the power to negotiate or guarantee foreign loans on
behalf of the nation, but only with the Monetary Board's prior approval and subject to
these restrictions. The president has the right to use the eminent domain power. The
president also has the authority to reserve government-owned public and private
lands and to oversee escheat or reversion proceedings. A person's life, liberty, or
property cannot be taken away from them without following the law, and private
property cannot be taken for public use without just compensation, according to
Article 3 of the Constitution. These two constitutional provisions, however, restrict the
use of this power. The president also appoints the heads of the executive
departments, the board of members and its leaders from any institutions connected
to the national government, ambassadors, other public ministers and consuls, senior
military officers, and other officials with the approval of the Commission on
Appointments. The president appoints the judges for the Supreme Court and the
lesser courts, but only from a list of candidates provided by the Judicial and Bar
Council. The Commission on Appointments does not need to approve such
appointments.
The president of the Senate shall communicate to Congress the results of each
presidential and vice-presidential election, duly verified by the boards of canvassers
of each province or city. Not later than 30 days following election day, the president
of the Senate must, upon receiving the certificates of canvass, publicly open each
certificate in front of a joint session of Congress. Once it has confirmed that the polls
were legitimate and conducted in accordance with the law, Congress then counts the
results. The candidate with the most votes win, but if there are two or more
candidates tied for the most votes, the president is chosen by a majority of all
members of Congress, with the Senate and the House of Representatives casting
separate ballots.
All of these responsibilities and events are held for the President of the Philippines
and yet;
The Philippine Constitution from 1987 specifies the requirements for becoming
President of the nation. It turns out that the rules are fairly liberal; aside from factors
like citizenship, age, and residency, among others, a candidate, whether a man or a
woman, is not required to have a college education, much less a degree that has
been earned. The only requirement is the ability to read and write, and not only in
English. There is no purpose in lying about a college degree because it is unneeded
and just shows a pattern of dishonesty. Additionally, professional status is not
required; a professional politician at the national and local levels, as well as an auto
mechanic, all fit the requirements to serve as president of the Philippines.
Those who satisfy the minimum qualifications are prohibited from running for office,
which is a goal for most Filipinos. Reaching out to people who express their opinions
and convictions at the polls is necessary. Reality may or may not elude the victorious
candidate, depending on what they actually provide. Simply ask the voters who
stated their preferences in previous elections if they would choose and elect the
same candidates again. The Philippines' future is determined by the response.
The Constitution does not specify the number of parties that would compete to
become Head of state of the Philippines. The ability to reach out to voters, persuade
and convince them to choose and elect a candidate as President is more crucial than
having enough resources to put up a platform. Along with kissing the flag, a
candidate can win the presidency of the Philippines if enough voters support his or
her pledge to plant the Philippine flag on an island that the Philippines and China
claim jointly.
Stakeholder Analysis:
If another candidate promises a new society (or a reprise of previous historical vow),
and most voters agree, the candidate wins hands down. If one candidate promises to
eliminate corruption, or end drug problems, or lift all of the poor, and voters
believe him or her, he or she becomes President. There might be a candidate
claiming to be anointed by God to lead the country, and if voters subscribe, that
candidate becomes President. On the other hand, some candidates may put the fear
into the minds of voters that a candidate is the last card for the country, and if
believed by many, the Presidency is assured for the candidate. Candidates may also
exhibit a character that a large swath of voters identify with from boorish behavior to
foul mouth to even misogynistic trait (aka authenticity), a candidate win. If Jesus
Christ were a candidate for President of the Philippines, He would have to be like
Filipino voters as sinners instead of voters emulating Him to be free of sin. He should
win. Indeed, some religious elders dictate who voters should elect based on a direct
message from God.
To put it simply, candidates compete, woo, pledge, promise, and commit to as long a
list as voters can handle, some seriously and some not so seriously. Voters can
easily be frightened, bought off, or conned since talk is cheap. After all is said and
done, the candidate who successfully won the majority of Filipino voters' support will
be inaugurated as president of the Philippines on election day.
The reckoning comes the morning after – has a flag actually been planted, did a new
society
emerge, has corruption been eliminated and the poor lifted, among many questions
relating to the declarations of candidates. Invariably, given our history, hardly have
these vows, promises, and commitments been fulfilled. Our national hero Jose Rizal
was probably right in saying that we deserve the government we get (elect). And this
seems to be a persistent and recurring result of every election even as we pride in
hefty turnout in the practice of exercising the sacred right to vote.
Rationale for Government Intervention:
The qualifications of the Chairman and Commissioners of the Civil Service
Commission, Commission on Elections and Commission on Audit are all specific
with exemplary requirements. It is not necessary to have a lengthy resume to be
eligible to become the president of the Philippines. But the government should
establish an exemplary qualification for the Presidential Candidates for the Republic
of the Philippines, leading a country, the candidate should be capable and humble
enough to lead the Republic of the Philippines.
Criteria and Recommendation:
This contains the Article VII Section 2, which provides that; No person may be
elected President unless he is a natural-born citizen of the Philippines, a registered
voter, able to read and write, at least forty years of age on the day of the election,
and a resident of the Philippines for at least ten years immediately preceding such
election.
In amending this provision these are the things that I recommend that should be
taken into consideration when amending the mentioned provision above;
The President of the Philippines must meet additional requirements in addition to the
minimal requirement.
Better approach to choose among a large number of candidates involves sorting
through slogans and jingles, figuring out what is real and what is fake, getting off of
established bandwagons and momentums, and just clearing one's mind of the
background noise that various platforms impose.
First, take into account a candidate's accomplishments over the required minimums -
a track record of reliable, devoted service that reflects what the President of the
Philippines would do. This entails combining legislative history and executive
functions, the former for developing or sponsoring laws that address the needs of the
country and the latter for implementing actions that acknowledge but overcome
policy and bureaucratic hurdles (often ignored or short-circuited by local executives
who may also be candidates) and emerge as part of the first if not significant
responders to all crises, from natural calamities to the pandemic. Voters can see
accomplishing as a matter of actual record because it is a clearly visible top-up.
Second, take into account a candidate's motivating actions that push back against
the fundamental causes of a social and economic downturn. For instance, a
candidate who defeats a well-established dynastic incumbent and wins not only
motivates others but also shows that dynasties can be overthrown in a fair election.
After all, between the elections in 1949 and 2016 the population of the Philippines
increased five times. However, the number of dynasties that effectively control the
political system has remained roughly constant. It would increase the tribe of
candidates who challenge structural issues through the voting booth and win,
thereby establishing a new cadre of leadership.
Lastly, take into account a candidate's optimistic likelihood of becoming president of
the Philippines given being productive and motivating. This contrasts with promises
and vows, which are based on assumptions rather than actual experience. Promising
potential is derived from a strong track record of success and motivating behavior.
This candidate would probably be a successful president of the Philippines who
would continue to carry out at the highest level what they have been accomplishing
and motivating.
References:
Alburo, F. A. (2022, May 5). Qualifying to Become President of the Philippines.
Retrieved from https://econ.upd.edu.ph/:
https://econ.upd.edu.ph/perse/?p=7575
From Wikipedia, t. f. (n.d.). President of the Philippines. Retrieved from
https://en.wikipedia.org/:
https://en.wikipedia.org/wiki/President_of_the_Philippines
Nachura, A. E. (2016). ONLINE REVIEWER IN POLITICAL LAW. VJ GRAPHIC
ARTS, INC.
Salao, E. C. (2016). The 1987 Constitution of the Republic of the Philippines.
RBSI.