The Filipinos’ right to run for public office
The big rush yesterday by a huge number of aspirants to file certificates of candidacy for public office makes us wonder, “What is the extent of the Filipino citizens’ rights in our elections?”
Most of us instinctively believe that each of us, as Filipino citizens, has the civil or political right to run for election to a public office of our choice.
We were disappointed to find out after doing some research that our 1987 Constitution does not mention such a right anywhere in its many provisions.
It is nowhere mentioned in Article III, the article on the Bill of Rights, which contains 21 sections. It is also not mentioned in Article V, the article on suffrage, which we thought might discuss it alongside the citizens’ right of suffrage.
Our 1973 Constitution made suffrage an obligation under Article 4, Section 4.
The 1987 Constitution removed the provision and made suffrage simply a right, with the words ‘Suffrage shall be exercised.”
To test the usefulness and expertise of our Philippine Commission on Human Rights (PHCR), we want to turn to it for guidance.
We ask the commission and its expert lawyers, “Where does it say in the Constitution, or in our laws, that a Filipino citizen, if qualified by age, can stand for election to any public office he/she desires?”
If we are correct in our assertion that there is such an omission in the Charter, then responsibility should be placed in the hands of the Cory Aquino-appointed drafters of the 1987 Constitution.
The omission is huge because the United Nations Universal Declaration of Human Rights, which, as approved unanimously by 48 nations (the Philippines included) on Dec.10, 1948, contains a provision on the rights of human beings to run for office. It says in Article 21:
1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
2) Everyone has the right of equal access to public service in his country.
Some democratic countries have been more alert and thorough than us in spelling out political rights. One country that is instructive is South Africa, which came late to its democracy because of apartheid.
The South African Bill of Rights states that “every citizen has the right to free, fair and regular elections” for national, provincial and local government. Its Bill of Rights also mentions the right to vote, to form or join a political party, and to run for election.
Let’s not flagellate ourselves by thinking that South Africa had Nelson Mandela, while the Philippines only had Corazon Aquino and her 50 charter-framers to write its Constitution.
This is indubitably another compelling argument for taking a long, hard look at the 1987 Constitution. If Hilario Davide or Christian Monsod object to amending it, let us all ask them why they took away or made no provision for our right to run for public office.
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