Presidential Character: Constitutional Amendment

Presidential Character: Constitutional Amendment

Recently, Presidential aspirant Grace Poe said that the electorate has the right to know about the health condition of a particular candidate, especially for national elections. She invoked her other presidential aspirants to undergo voluntary drug testing and provide health certificate. However, there was no stipulation from the Commission on Elections (COMELEC) regarding the health condition so Grace Poe suggested that the poll body should issue a resolution on what constitutes being “physically fit”. [1]

In the case of Social Justice Society v. Dangerous Drugs Board, wherein, Pimentel contested that our Constitution provides only five (5) requirements for being a senator, and that the mandatory drug testing is invalid. In this case, the court held that the mandatory drug testing for public officer is invalid and that it would intrude or add exclusive qualification provided in the Constitution. The right to privacy was invoked with respect to the constitutionality of certain provisions of RA No. 9165 requiring mandatory, random, suspiciousness drug testing of students, employees, persons charged before public prosecution and public officers. [2] Since the contested provision applied to public officers was “mandatory” in nature, it is declared invalid because it was contrary to the provision provided in our Constitution.

The proposed challenge of Grace Poe for all candidates aspiring for presidential and vice-presidential candidates to voluntarily undergo drug testing does not negates any constitutional provisions since the proposed challenge is “voluntarily” in nature. However, there is no specific stipulation regarding the health condition of a candidate. I believe that people have the right to know the health conditions of the candidates both in national and local elections, since our government itself, punishes public officers and employees of those involved in illegal drugs; and employers requires medical clearances for employees, and yet we don’t require it for people seeking important positions in public office, in which the nation’s future depends on. [3]

According to our Constitution, “No person may be elected President unless he is a natural-born Filipino 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 elections.” [4] Our Constitution exclusively provided five (5) qualifications. I think this provision should be amended in order to resolve on what really constitutes being “physically and morally fit” as Grace Poe reiterated. I believe that a president who is physically and morally fit is fit to be a president.

References:

[1] http://www.interaksyon.com/article/124006/poe-ready-to-submit-health-certificate-drug-test-result

[2] http://sc.judiciary.gov.ph/jurisprudence/2008/november2008/157870.htm

[3] http://business.inquirer.net/200844/is-senator-miriam-physically-fit-to-be-president

[4] http://www.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-vii/