Amend the provisions on president, senator | Inquirer Opinion

Amend the provisions on president, senator

/ 12:10 AM December 29, 2015

There are provisions in the 1987 Constitution relative to the qualifications for office of the president and the vice president and the term of office of senators.

Article VII, Section 2: “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.”

During the framing of the 1987 Constitution, Filipino citizens could not yet become dual citizens of the Philippines and the United States or any country. Now, in accordance with law, Filipino citizens can become citizens of other countries following compliance with specific requirements. However, it is unthinkable for a Filipino to become the president of the Philippines while he/she is at the same time a citizen of the United States. Even if that person has renounced his/her citizenship in another country and has been a resident of the Philippines for 10 years or more prior to filing his/her candidacy for president of the Philippines, that person cannot become the president of the Philippines. The presidency of the Philippines is reserved for natural-born citizens of the Philippines and whose Philippine citizenship has never been marred by citizenship in any country, even if the foreign citizenship had been renounced and nullified.

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Article VII, Section 2 of the 1987 Constitution should be amended thus:

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“No person may be elected President unless he is a natural-born citizen of the Philippines, has never been a citizen of another country, even if said foreign citizenship has been renounced and nullified, 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 a least ten years immediately preceding such election.”

Article VI, Section 4, paragraph 2: “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.”

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The second sentence implies that a senator who runs for president or vice president during his term, and loses in the election, can remain a senator for the rest of his term. By running for another position during his term, the senator breaks and violates the mandate given him by those who elected him senator to serve for six years. As the saying goes, “He cannot have his cake and eat it, too.” The Senate will continue functioning without him.

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Article VI, Section 4, paragraph 2 of the 1987 Constitution should be amended thus:

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“No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time, say, running for higher or another office during his term, shall be considered a permanent renunciation of his position as senator for which he was elected and given the mandate to serve in that position for a six-year term.”

The two foregoing amendments to the 1987 Constitution can be accomplished through mechanisms under Article XVII, titled “Amendments or Revisions,” as follows:

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“Section 1. Any amendment to, or revision of, this Constitution may be proposed by:

“(1) The Congress, upon a vote of three-fourths of all its Members.

“Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.”

The amendments to provisions in the 1987 Constitution relative to the qualifications for office of the president and the vice president, and the term of office of senators, shall settle all issues that have caught the attention of the nation and resulted in adversarial positions. More time and effort can now be focused on other major problems facing our country.

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—APOLONIO G. RAMOS, Marikina City

TAGS: Constitution, feedback, letter, opinion, president, provision, senator

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