WHAT are the legal qualifications to run for President? They are actually quite simple.
Section 2, Article VII of the 1987 Constitution requires the following:
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.
First issue though, what do you mean by natural-born citizen of the Philippines? This is found under Section 2, Article IV of the Constitution: “natural born-citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.” So this refers to people who are born Filipinos already because they are born to a Filipino father or mother. This is provided for by the jus sanguinis principle.
Quick question then: is Grace Poe a natural-born citizen? That seemingly simple question cannot be easily answered right now due to Senator Poe being a foundling. A foundling is defined by the rules on adoption as “a deserted or abandoned infant or child whose parents, guardian or relatives are unknown; or a child committed to an orphanage or charitable or similar institution with unknown facts of birth and parentage and registered in the Civil Register as a ‘foundling.’”
Under these facts one can easily see the issue in relation to Senator Poe. Since she is a foundling, one cannot tell who her parents are and if they are Filipino or not. This could then mean she isn’t a natural-born Filipino. In any case, the question if she can run remains unanswered at this point as there are differing legal opinions and decisions on that.
Being able to read and write is a fairly obvious requirement. To be President one must be able to read and write. But take note that there is no minimum educational requirement. There is nothing in the Constitution that requires a College level degree. Thus a President could very well be someone who has only a high school or grade school level education, so long as he can read and write.
The President must also be a registered voter.
The President must also be, at a minimum, forty years of age.
The President should also have resided in the Philippines at least ten years immediately preceding such election. As explained by the eminent Constitutionalist Father Joaquin Bernas, the residency requirement has the same meaning as residence in election law. One is a resident of the Philippines if one is domiciled here. Thus there must be (1) bodily presence; (2) an intention to remain there (animus manendi) and (3) an intention to abandon the old domicile (animus non revertendi).
Notably, this is also an issue for Senator Grace Poe, as there are some questions as to how long she has remained/resided in the Philippines prior to this coming election. There are also differing legal opinions and decisions on this. Suffice it to say, Senator Poe’ former American Citizenship and her lengthy residence in the U.S. has complicated her political career, as now there are questions if she meets those basic requirements for running for President under the 1987 Constitution.
It should be pointed out that our own Mayor Duterte has no such issues when it comes to his legal qualifications to run for President.
Moreover, he is also qualified, experience wise, to serve as President.
Davao city’s transformation from a crime-infested, backwards city to the modern and safe metropolis it is now,is enough testament to that.
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[The opinions expressed herein are solely of Atty. Lee. This column does not constitute legal advice nor does it create a lawyer-client relationship with any party. You can reach Kelvin through his office at tcplawfirm.staff@gmail.com.]